Second Felony Offender Adjudication Improper, Remitted for Resentencing
Mr. Blaker pled guilty to third-degree robbery and fifth-degree criminal possession of stolen property. The court sentenced him as a second felony offender, based upon a previous attempted robbery conviction in Washington D.C. On appeal, Mr. Blaker argued that he was improperly sentenced as a second felony offender, because the Washington D.C. conviction did not qualify as a predicate felony in New York. The Appellate Division agreed, reaching the issue in the interest of justice. It vacated the second felony offender adjudication and the 2 to 4 year sentence that was imposed, and remitted the case for resentencing.
Russ Altman-Merino represented Mr. Blaker