An appeals court has ordered the resentencing of a defendant after finding he was improperly deemed a predicate felony offender following his convictions for assault and weapons possession.
The Appellate Division, Third Department, judges said Michael Gibson’s predicate offender status was based on his 2003 felony conviction in Oklahoma for possession of a firearm by a felon—a crime for which the court said there is no precise analog in New York law.
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