Client's Second Felony Offender Adjudication Vacated
Convicted of first-degree robbery and related counts, appellant was sentenced as a second felony offender. The Second Department held that the People had failed to establish that appellant’s prior conviction of credit card fraud in Virginia qualified as a New York felony. The court vacated appellant’s second felony offender adjudication and remanded for resentencing.
Bryan Kreykes briefed the case, and Yvonne Shivers argued it in the Appellate Division, Second Department.