People v. Tyler

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered June 12, 2014, convicting defendant, upon his plea of guilty, of attempted robbery in the second 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 second violent felony offender adjudication and sentence, and remanding for resentencing, and otherwise affirmed.

Defendant’s conviction of burglary under South Carolina Code Annotated § 16-11-312 (A) did not qualify as a predicate felony to enhance defendant’s sentence…