Second Department Modifies Predicate Felony Adjudication
Appellant Michael Millazzo was adjudicated a second violent felony offender after pleading guilty to attempted criminal possession of a weapon in the third degree and other offenses. The Appellate Division, Second Department, held that he should not have been adjudicated a second violent felony offender because attempted criminal possession of a weapon in the third degree constitutes a violent felony offense only when the defendant is convicted of the charge as a lesser included offense, but it was "the sole count of [the] superior court information" in appellant's case. Accordingly, the court remanded the case to the trial court for resentencing.
Lynn W.L. Fahey briefed the case for Appellate Advocates.