Court Decision: Persistent Violent Felony Offender Adjudication and Sentence Vacated

Appellate Division, Second Department: People v. Hairston

Persistent Violent Felony Offender Adjudication and Sentence Vacated

Following his conviction, Mr. Hairston was sentenced as a persistent violent felony offender to an aggregate prison term of 37 years to life. The basis for the persistent violent felony offender adjudication was two Ohio convictions. On appeal, our office argued that neither Ohio conviction was equivalent to a New York violent felony offense. The People conceded and the Appellate Division vacated the persistent violent felony offender adjudication and remitted for resentencing.

Sean H. Murray represented Mr. Hairston