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Judgment of the Supreme Court, Kings County, rendered March 18, 1966 on resentenee, reversed, on the law and the facts, and
*780 action remitted to said court for resentencing of defendant as a second felony offender. Defendant’s prior conviction in the District of Columbia was improperly utilized as a predicate for determining his multiple felony offender status (People v. Clifton, 28 A D 2d 708). Beldoek, P. J., 'Christ, Rabin, Benjamin and Martuseello, JJ., concur.
Document Info
Citation Numbers: 29 A.D.2d 779, 290 N.Y.S.2d 539, 1968 N.Y. App. Div. LEXIS 4552
Filed Date: 2/26/1968
Precedential Status: Precedential
Modified Date: 11/1/2024