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PEOPLE v. ALLISON

4251/13, 5963/11.

167 A.D.3d 171 (2018)

89 N.Y.S.3d 143

2018 NY Slip Op 08194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN ALLISON, Appellant.

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

Decided November 29, 2018.

Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York City ( Avi Gesser , Lina Peng and Connie Dang of counsel), and Seymour W. James, Jr. , The Legal Aid Society, New York City ( David Crow of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ross D. Mazer of counsel), for respondent.

GISCHE, KAPNICK, GESMER and KERN, JJ. concur.

OPINION OF THE COURT

The primary issue on appeal is whether Supreme Court erred in sentencing defendant as a second felony offender based on his prior conviction in New Jersey of the crime of uttering a forged instrument. For a defendant to be sentenced as a predicate felon...

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