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PEOPLE v. SANDERS

8282, 4058/07.

99 A.D.3d 575 (2012)

952 N.Y.S.2d 537

2012 NY Slip Op 7028

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EQUAN SANDERS, Respondent.

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

October 18, 2012.

The court properly adjudicated defendant a second violent felony offender rather than a persistent violent felony offender. Defendant's resentencing at the behest of the Division of Parole for the purpose of imposing a period of PRS on one of defendant's prior violent felony convictions occurred after he committed the instant offense. In this situation, the resentencing date controls whether the conviction meets the sequentiality...

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