People v. Adkins

Appellate Division of the Supreme Court of New York

People v. Adkins

156 A.D.2d 1031, 549 N.Y.S.2d 310, 1989 N.Y. App. Div. LEXIS 16294

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 1989·Published

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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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.

People v. Adkins, 156 A.D.2d 1031, 549 N.Y.S.2d 310, 1989 N.Y. App. Div. LEXIS 16294 (N.Y. Ct. App. 1989).

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Opinion

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