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PEOPLE v. JONES

9152, 3708/12.

171 A.D.3d 676 (2019)

97 N.Y.S.3d 471

2019 NY Slip Op 03300

The People of the State of New York, Respondent, v. Davon Jones, Appellant.

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

Decided April 30, 2019.

The court correctly adjudicated defendant a second felony offender based on a conviction under a South Carolina robbery statute that is facially the equivalent of a felony in New York. Defendant has not demonstrated that under South Carolina case law, unlike the rule in New York (see People v Gordon, 23 N.Y.3d 643, 650 [2014]), a person can commit robbery where the only force used is to...

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