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PEOPLE v. TOLBERT

8114. 1967/16.

168 A.D.3d 498 (2019)

89 N.Y.S.3d 891

2019 NY Slip Op 00239

The People of the State of New York, Respondent, v. Dave Tolbert, Appellant.

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

Decided January 15, 2019.

We reject the People's argument that defendant's challenge to the facial sufficiency of the predicate felony offender statement required preservation (People v Soto, 138 A.D.3d 533 [1st Dept 2016], lv denied 28 N.Y.3d 937 [2016]). However, any failure of the predicate felony statement to list all relevant periods of incarceration was harmless because the record on appeal, including documents...

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