People v. Greer

86 A.D.2d 781, 447 N.Y.S.2d 984, 1982 N.Y. App. Div. LEXIS 15368

Opinion

Judgment, insofar as it imposes sentence, unanimously vacated and defendant remanded for resentence, and, otherwise, judgment affirmed, in accordance with the following memorandum: Defendant was improperly sentenced as a second felony offender because the conviction on which this offense was predicated occurred after the commission of the crime for which this sentence was imposed (Penal Law, § 70.06, subd 1, par [b], cl [ii]). (Appeal from judgment of Monroe County Court, Celli, J. — grand larceny, third degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule JJ.