PEOPLE v. BROWN


38 A.D.3d 393 (2007)

834 N.Y.S.2d 13

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DASHAWN BROWN, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 22, 2007.


At resentencing, defendant was properly adjudicated a second felony offender since he was convicted in New Jersey of crimes that are equivalent to New York felonies. Defendant claims, for the first time on appeal, that the court relied on improper documents in making that determination. This claim requires preservation because it is a challenge to a presentencing procedure, and, if timely raised, the People could have met it by furnishing different documents (see People...

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