Court of Appeals of New York

Defendant's sentence for sexual abuse and unlawful imprisonment is affirmed, but modified and remitted for resentencing, where: 1) defendant's prior Pennsylvania conviction was not a predicate felony conviction within the meaning of Penal Law section 70.06(b)(i) because he could not even have been prosecuted for second-degree manslaughter in New York at the age of 15; and thus, 2) the second felony offender sentencing enhancement is vacated.

Appellate Information

• Decided 10/15/2013
• Published 10/15/2013

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• Court of Appeals of New York

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