People v. Lynes

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J), rendered May 3, 2011, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of seven years, unanimously modified, on the law, to the extent of vacating the predicate violent felony offender adjudication and remanding for resentencing in accordance with this decision, and otherwise affirmed.

*434Defendant’s adjudication as a second felony drug offender whose…