PEOPLE v. GUTT

7194. 6688/93. 4272/95.

165 A.D.3d 411 (2018)

84 N.Y.S.3d 455

2018 NY Slip Op 06480

The People of the State of New York, Respondent, v. Adolf Gutt, Appellant.

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

Decided October 2, 2018.


In June 1995, defendant was convicted, upon his pleas of guilty, of second-degree manslaughter under an indictment, and attempted first-degree criminal use of a firearm under a superior court information. He was sentenced, as a second felony offender, to concurrent terms of 5 to 10 years. However, he should have been adjudicated a second violent felony offender on the firearm use conviction (a violent felony), because the predicate felony offense was also a violent felony...

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