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PEOPLE v. DEVOE

281 A.D. 705 (1952)

The People of the State of New York, Respondent, v. Olivia Dunlap Devoe, Alias Margaret Walker, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1952.

Judgment of conviction unanimously affirmed and matter remitted to the County Court for the purpose of resentence.

The sentence was erroneous. The prior conviction of the defendant in Michigan was not available as a basis for a sentence as a second offender. The matter is therefore remitted so that a correct sentence may be imposed. The record conclusively establishes defendant...

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