People v. Oglesby

Appellate Division of the Supreme Court of New York

People v. Oglesby

276 A.D.2d 647, 714 N.Y.S.2d 894, 2000 N.Y. App. Div. LEXIS 10370

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

DecidedOctober 16, 2000

StatusPublished

This text of 276 A.D.2d 647 (People v. Oglesby) 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. Oglesby, 276 A.D.2d 647, 714 N.Y.S.2d 894, 2000 N.Y. App. Div. LEXIS 10370 (N.Y. Ct. App. 2000).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered September 3, 1997, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

[648]*648Before the end of the suppression hearing, the defendant, an indigent, requested a copy of the transcript of the suppression hearing. By forcing the defendant to go to trial before he received the entire transcript, the trial court committed reversible error (see, People v Coleman, 81 NY2d 826; People v Sanders, 31 NY2d 463).

We note that the defendant was improperly adjudicated a persistent violent felony offender (see, Penal Law § 70.04 [1] [b]; § 70.08 [1] [a]; People v Morse, 62 NY2d 205).

The defendant’s remaining contentions are without merit. Ritter, J. P., H. Miller, Feuerstein and Smith, JJ., concur.

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