People v. Adkins
This text of 156 A.D.2d 1031 (People v. Adkins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment unanimously modified on the law, in accordance with memorandum, and as modified affirmed, and matter remitted to Onondaga County Court for resentencing. Memorandum: Defendant was illegally sentenced as a second felony offender because the People failed to file a second felony offender statement prior to imposition of sentence as required by CPL 400.21 (2) (see, People v Gilchrist, 152 AD2d 923). (Appeal from judgment of Onondaga County Court, Cunningham, J. — criminal possession of stolen property, fourth degree.) Present — Callahan, J. P., Denman, Green, Balio and Lawton, JJ.
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Cite This Page — Counsel Stack
156 A.D.2d 1031, 549 N.Y.S.2d 310, 1989 N.Y. App. Div. LEXIS 16294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-adkins-nyappdiv-1989.