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PEOPLE v. LASHLEY

No. 80.

37 N.Y.3d 1140 (2021)

180 N.E.3d 555

159 N.Y.S.3d 391

2021 NY Slip Op 06938

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHARON LASHLEY, Respondent.

Court of Appeals of New York.

Decided December 14, 2021.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Michael D. Tarbutton and Stephen J. Kress of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York City ( Allison N. Kahl of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and case remitted to that Court for consideration of the facts and issues raised but not determined upon appeal to that Court.

Because defendant failed to challenge the CPL 400.21 predicate felony statement filed by the People in the court of first instance, her claim that her sentence was illegal due to the failure to include the tolling periods in that document...

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