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PEOPLE v. SCOTT

2816/2016.

54 Misc.3d 551 (2016)

2016 NY Slip Op 26368

40 N.Y.S.3d 753

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DONNELL SCOTT, Defendant.

Supreme Court, Kings County.

Decided November 14, 2016.

Attorney(s) appearing for the Case

Brooklyn Defender Services, Brooklyn (Daniel Derby of counsel), for defendant.

Eric Gonzalez, Acting District Attorney, Brooklyn (Joanna Lettieri of counsel), for plaintiff.

OPINION OF THE COURT

The defendant moves to controvert the People's CPL 400.21 predicate statement and seeks a hearing thereon and a finding that he is not a predicate felon. The People oppose the motion.

The motion is granted and the court finds that the defendant's prior conviction in Georgia is not a predicate...

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