PEOPLE v. THOMAS

2008-04997.

71 A.D.3d 1061 (2010)

897 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON THOMAS, Appellant.

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

Decided March 23, 2010.


Ordered that the judgment is modified, on the law, the defendant's adjudication as a persistent violent felony offender and the sentence imposed are vacated, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendant's conviction in 1997 for robbery in New Jersey is sufficient to serve as a predicate felony in New York and for resentencing thereafter; as so modified, the judgment...

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