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People v. Parks

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1992
186 A.D.2d 416 (N.Y. App. Div. 1992)

Opinion

October 13, 1992

Appeal from the Supreme Court, New York County (Thomas B. Galligan, J.).


As defendant was convicted of a non-violent felony herein, the determination that he was a second violent felony offender was improper and his arrest predicate status was that of a second felony offender. While the maximum sentence for each category is the same under the crime for which defendant was convicted (Penal Law § 70.04 [d]; [4]; § 70.06 [3] [e]; [4] [b]), the matter must nevertheless be remanded for resentencing "since it is uncertain whether the court's error concerning defendant's predicate status influenced its determination of the sentence imposed." (People v Smith, 129 A.D.2d 517, 518.)

We have considered defendant's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Milonas and Kupferman, JJ.


Summaries of

People v. Parks

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 1992
186 A.D.2d 416 (N.Y. App. Div. 1992)
Case details for

People v. Parks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELTON PARKS…

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

Date published: Oct 13, 1992

Citations

186 A.D.2d 416 (N.Y. App. Div. 1992)

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