People v. Curvelo

Appellate Division of the Supreme Court of New York

People v. Curvelo

276 A.D.2d 288, 713 N.Y.S.2d 864, 2000 N.Y. App. Div. LEXIS 9975

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 2000

StatusPublished

This text of 276 A.D.2d 288 (People v. Curvelo) 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.

Bluebook

People v. Curvelo, 276 A.D.2d 288, 713 N.Y.S.2d 864, 2000 N.Y. App. Div. LEXIS 9975 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered May 7, 1997, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of 6 to 12 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for resentencing, and otherwise affirmed.

As the People correctly concede, defendant was not properly sentenced. Although the prosecutor filed a predicate felony statement, the court never provided defendant an opportunity to be heard on his constitutional challenge to his prior conviction and never adjudicated him a second felony offender, whereas the sentence imposed was not permissible for a first felony offender. Concur — Nardelli, J. P., Tom, Andrias, Buckley and Friedman, JJ.

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Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered May 7, 1997, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of 6 to 12 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for resentencing, and otherwise affirmed.

As the People correctly concede, defendant was not properly sentenced. Although the prosecutor filed a predicate felony statement, the court never provided defendant an opportunity to be heard on his constitutional challenge to his prior conviction and never adjudicated him a second felony offender, whereas the sentence imposed was not permissible for a first felony offender. Concur — Nardelli, J. P., Tom, Andrias, Buckley and Friedman, JJ.

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Bluebook (online)

276 A.D.2d 288, 713 N.Y.S.2d 864, 2000 N.Y. App. Div. LEXIS 9975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curvelo-nyappdiv-2000.