PEOPLE v. SMITH


54 A.D.3d 974 (2008)

863 N.Y.S.2d 612

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WAYNE SMITH, Appellant.

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

September 23, 2008.


Ordered that the resentence is affirmed.

The defendant was convicted of assault in the second degree and sentenced, as a second felony offender, to a term of seven years' imprisonment and five years' postrelease supervision. Upon the direct appeal from the judgment, this Court agreed with the defendant that he was improperly adjudicated a second felony offender, as the predicate conviction had been obtained in violation...

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