PEOPLE v. NELSON

2010-07804.

100 A.D.3d 785 (2012)

953 N.Y.S.2d 673

2012 NY Slip Op 7700

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONELL R. NELSON, Appellant.

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

November 14, 2012.


Ordered that the judgment is modified, on the law, by vacating the defendant's adjudication as a second violent felony offender, and substituting therefor an adjudication that the defendant is a second felony offender; as so modified, the judgment is affirmed.

Since the predicate felony statement filed by the People was insufficient to support a finding that the defendant had been subjected to a predicate violent felony conviction, the Supreme Court erred in adjudicating...

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