People v. Nelson

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin-Brandt, J.), rendered April 26, 2010, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence upon his adjudication as a second violent felony offender.

Ordered that the judgment is modified, on the law, by vacating the defendant’s adjudication as a second violent felony offender, and substituting therefor an adjudication that the defendant is a second felony offender; as so modified, the judgment is affirmed.

Since the predicate felony statement filed by the People…