POUGHKEEPSIE – The Appellate Division of State Supreme Court has sent the case of a former New York City man who was arrested in Poughkeepsie on a charge of criminal possession of a weapon, back to Dutchess County Court.
Karsheen Jamison, 39, was one of five people arrested in September 2018 on drug and weapons possession charges.
He pled guilty to the weapon charge and was sentenced to 13 years in state prison plus five years of post-release supervision.
His sentence was based on his classification as a predicate felony offender based on previous convictions in the State of Florida for armed robbery and possession of a weapon.
The appellate court, meanwhile, has ruled that the county court “should not have adjudicated and sentenced the defendant as a second violent felony offender without first holding a hearing to determine if one of the Florida crimes for which the defendant was convicted would qualify as a predicate violent felony” pursuant to New York State law.
As a result, the appeals court returned the case to Dutchess County Court for a hearing to determine whether one of his convictions in the State of Florida for armed robbery and possession of a weapon by a felon were based on acts which would constitute a violent felony in New York.
Following the hearing, Jamison should be resentenced, the appellate court ruled.
