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PEOPLE v. GRIFFITH

Ind. No. 4291/17. Appeal No. 14704. Case No. 2019-03804.

201 A.D.3d 485 (2022)

156 N.Y.S.3d 847

2022 NY Slip Op 00146

The People of the State of New York, Respondent, v. Anthony Griffith, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (John L. Palmer of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

As the People concede, defendant was incorrectly sentenced as a second violent felony offender based on a New Jersey robbery conviction that does not qualify as the equivalent of a New York felony (see People v Gilchrist, 223 A.D.2d 382 [1st Dept 1996]).

The People argue that despite this error there is no need for a remand for resentencing. They correctly assert that the 12-year sentence imposed remains within the lawful...

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