Court Decision: Second Felony Offender Adjudication & Sentence Vacated

Appellate Division, Second Department: People v. Robinson

Second Felony Offender Adjudication & Sentence Vacated

Mr. Robinson was convicted of attempted second-degree criminal possession of a weapon. At sentencing, the judge adjudicated him a second felony offender based upon a prior Connecticut conviction for first-degree larceny. However, certain subdivisions of that Connecticut statute are not felonies under New York law. The Appellate Division vacated the adjudication and sentence and ordered a re-sentencing to determine whether the prior conviction subjects Mr. Robinson to the second felony offender sentencing scheme.

Sarah B. Cohen represented Mr. Robinson