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PEOPLE v. RAMIREZ

2018-09726. Ind. No. 1811/17.

192 A.D.3d 825 (2021)

139 N.Y.S.3d 860

2021 NY Slip Op 01429

The People of the State of New York, Respondent, v. Jonathan A. Ramirez, Appellant.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( David L. Goodwin of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Katherine A. Triffon of counsel), for respondent.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.

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.

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