Dickson v.
Ashcroft, 346 F.3d 44 (2d Cir. Sept. 9, 2003) (New York conviction
of unlawful imprisonment in the first degree, in violation
of N.Y. Penal Law § 135.10, with indeterminate sentence of
one to three years, held not to be an aggravated felony crime
of violence within the meaning of INA § 101(a)(43)(F), 8 U.S.C.
§ 1101(a)(43)(F), for deportation purposes, since the statute
of conviction was divisible and the record of conviction did
not establish that the particular conviction fell within the
COV portion of the statute, since it was improper to consider
the narrative statement of facts contained in the presentence
report as part of the record of conviction).