PEOPLE v. BILFULCO

2019-01672, 2019-01673. Ind. No. 566/18.

207 A.D.3d 646 (2022)

170 N.Y.S.3d 486

2022 NY Slip Op 04637

The People of the State of New York, Respondent, v. Anthony Bilfulco, Appellant.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.


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

As the People concede, the defendant should not have been adjudicated a second felony offender on the basis of a prior federal...

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