On December 12, 2019, the Appellate Division adhered to its precedent that tolling defects in a predicate statement can be raised on direct appeal, regardless of preservation. Applying People v. Soto, 138 A.D.3d 533 (1st Dept. 2016), it held that CAL client S.L. deserved a resentencing because no tolling had been alleged in the statement upon which she had been adjudicated a second felony offender. Kate Skolnick represented S.L.
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Resentencing Granted Due to Tolling Defect in Predicate Statement