People v. Jamison

Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Kron, J.), dated April 26, 2011, which denied, without a hearing, his motion pursuant to CPL 440.20 to set aside his sentence.

Ordered that the order is reversed, on the law, the defendant’s motion pursuant to CPL 440.20 to set aside his sentence is granted, the sentence is vacated, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

The defendant’s adjudication as a second violent felony of fender was undermined when the sentence on the predicate…