People v. Gines

—Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered August 26, 1999, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

Since defendant controverted his persistent felony offender status and did not receive copies of his predicate violent felony offender statements…