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PEOPLE v. GOULD

15700, 6882/90.

131 A.D.3d 874 (2015)

16 N.Y.S.3d 725

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNELL GOULD, Appellant.

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

Decided September 29, 2015.

As the People concede, defendant's 1991 sentence was invalid as a matter of law because he was incorrectly adjudicated a second felony offender rather than a second violent felony offender (see People v Scarbrough, 66 N.Y.2d 673 [1985], revg on dissenting mem of Boomer, J., 105 A.D.2d 1107, 1107-1109 [4th Dept 1984]). However, contrary to the People's argument, the error cannot be corrected...

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