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PEOPLE v. KAVAL

No. 103.

39 N.Y.3d 1081 (2022)

205 N.E.3d 416

184 N.Y.S.3d 696

2022 NY Slip Op 07022

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RUDOLPH KAVAL, Respondent.

Court of Appeals of New York.

Decided December 13, 2022.

Attorney(s) appearing for the Case

Melinda Katz , District Attorney, Kew Gardens ( Christopher J. Blira-Koessler , John M. Castellano and Johnnette Traill of counsel), for appellant.

Twyla Carter , The Legal Aid Society, New York City ( Simon Greenberg of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

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

Upon the appeal from defendant's judgment of conviction and original sentence as a persistent violent felony offender in 2013, the People conceded that defendant's prior incarceration dates did not provide sufficient tolling...

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