People v. Greer

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 29, 1982
• Status: Published

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.