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PEOPLE v. ALSTON

2012-01841, Ind. No. 3499/11.

145 A.D.3d 737 (2016)

2016 NY Slip Op 08243

41 N.Y.S.3d 716

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS ALSTON, Appellant.

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

Decided December 7, 2016.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The Supreme Court was required to determine on the record whether the defendant, whose conviction for criminal possession of a weapon in the second degree constituted an armed felony (see...

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