People v. Melero

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered June 22, 1990, convicting him of attempted murder in the second degree, upon a jury verdict, and sentencing him as a persistent felony offender to an indeterminate term of 15 years to life imprisonment.

Ordered that the judgment is modified, on the law, by (1) vacating the sentence imposed, and (2) vacating the adjudication that the defendant is a persistent felony offender and substituting therefor an adjudication that the defendant is a second violent felony offender; as so modified, the…