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PEOPLE v. LONDON

Ind. No. 3984/15. Appeal No. 14179. Case No. 2017-2956.

196 A.D.3d 431 (2021)

147 N.Y.S.3d 406

2021 NY Slip Op 04283

The People of the State of New York, Respondent, v. Trevell London, Appellant.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Simon Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael D. Tarbutton of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.

The People concede that defendant's Colorado burglary conviction could not serve as the basis for adjudicating defendant a second violent felony offender. Accordingly, we remand for resentencing. On remand, the People may allege a different prior felony conviction, if there is one, as the basis for a predicate felony adjudication. However, their suggestion that submission of additional documents might still result in the 2009 Colorado...

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