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PEOPLE v. McLAMB

45 A.D.3d 870 (2007)

846 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFERSON McLAMB, Appellant.

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

Decided November 27, 2007.

Ordered that the resentence is affirmed.

The defendant was originally sentenced as a first-time felony offender for his conviction of attempted forgery in the second degree (see Penal Law §§ 110.00, 170.10). The County Court subsequently granted that branch of the defendant's motion which was pursuant to CPL 400.20 to vacate the sentence imposed upon that conviction, and resentenced the defendant as a second felony offender based on a prior felony...

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