PEOPLE v. RAMIREZ


49 A.D.3d 475 (2008)

855 N.Y.S.2d 62

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RAMIREZ, Appellant.

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

Decided March 27, 2008.


There was no predicate felony adjudication at the time of defendant's original sentence of 15 years to life, and such an adjudication would have been superfluous under the law existing at that time. Defendant's request for resentencing placed the case in a procedural posture that required the People to file a predicate felony statement, and the court was required to sentence defendant as a second felony drug offender whose prior conviction is for a violent felony (see...

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