People v. London

Summary

The New York Supreme Court, Appellate Division, First Department modified the judgment to vacate Trevell London's adjudication as a second violent felony offender and remanded for resentencing. The court held that the defendant's Colorado burglary conviction could not serve as the predicate for that adjudication, while permitting the People to allege a different qualifying prior felony conviction on remand.

Holdings

1. The 2009 Colorado burglary conviction could not serve as the basis for adjudicating London a second violent felony offender.
2. The second violent felony offender adjudication must be vacated and the case remanded for resentencing; on remand, the People may allege a different prior felony conviction if one exists.

Questions Presented

1. Whether the defendant's 2009 Colorado burglary conviction could support his adjudication as a second violent felony offender.
2. Whether the judgment should be modified and the matter remanded for resentencing after vacatur of that adjudication.

Disposition

remanded