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PEOPLE v. CATMON

1621, 5551/12.

140 A.D.3d 661 (2016)

33 N.Y.S.3d 720

2016 NY Slip Op 05228

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON CATMON, Also Known as JASON CATMAN, Appellant.

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

Decided June 30, 2016.

The court incorrectly adjudicated defendant a second felony offender based on a conviction under a Florida statute that is broader than its New York counterpart for enhanced sentencing purposes (see generally People v Jurgins, 26 N.Y.3d 607, 613-615 [2015]). Florida Statutes Annotated § 831.02 is broader than Penal Law § 170.25 because the Florida statute could be violated by uttering or publishing an instrument that merely...

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