Notable Decisions and Other News


Case Remitted for Resentencing


After Kendal Smith was convicted of criminal possession of a weapon in the third degree, the court imposed a "second felony offender sentence" without first properly adjudicating Mr. Smith a second felony offender.  Reaching the issue in the interest of justice, the Appellate Division, Second Department, remitted the case for resentencing. 

Melissa Horlick briefed and argued the case.