PEOPLE v. VASQUEZ

2016-03906.

173 A.D.3d 1073 (2019)

100 N.Y.S.3d 887

2019 NY Slip Op 04970

The People of the State of New York, Respondent, v. Luis Vasquez, Appellant.

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

Decided June 19, 2019.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a second felony offender and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

The defendant contends that his adjudication as a second felony offender was illegal because the predicate Florida offense was...

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