People v. White

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered August 28, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously modified, on the law, to the extent of vacating the sentence and second violent felony offender adjudication, and substituting a term of 2V2 to 5 years, as a second felony offender, and otherwise affirmed.

As the People concede, defendant was improperly sentenced as a second violent felony offender for his…