The People of the State of New York, Respondent, v. Edward Harvey, Defendant-Appellant.

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Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Respondent, v. Edward Harvey, Defendant-Appellant.

4028

Decided: January 11, 2011

Andrias, J.P., Friedman, Catterson, Renwick, DeGrasse, JJ. Richard M. Greenberg, Office of the Appellate Defender, New York (Elliott Farren of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Mary C. Farrington of counsel), for respondent.

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Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered January 23, 2009, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously modified, as an exercise of discretion in the interest of justice, to the extent of vacating the persistent felony offender adjudication and reducing the sentence to 31/212 to 7 years, and otherwise affirmed.

The court improvidently exercised its discretion in adjudicating defendant a persistent felony offender.

We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK