PEOPLE v. CHARLES

2016-02028 Ind. No. 14-00445.

160 A.D.3d 657 (2018)

70 N.Y.S.3d 860

2018 NY Slip Op 02334

The People of the State of New York, Respondent, v. Johnnie Charles, Appellant.

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

Decided April 4, 2018.


Ordered that the judgment is modified, on the law, by vacating the defendant's adjudication as a second violent felony offender and the sentence imposed thereupon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Rockland County, for a new second violent felony offender determination, and for resentencing thereafter, in accordance herewith.

The defendant, as part of a negotiated disposition, entered a plea of guilty to attempted...

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