People v. Martin

— Judgment, Supreme Court, Bronx County, rendered December 12, 1975, convicting defendant of assault in the second degree and sentencing him as a predicate felon to an indeterminate term of two to four years, unanimously modified, on the law, to vacate defendant’s adjudication as a predicate felony offender, strike the provision for a minimum term from the sentence and, except as thus modified, affirmed. As the People concede, with commendable candor, defendant should not have been adjudicated a *766predicate felony offender because his previous Federal conviction was for a crime which would not…