People v. Reed

Appellate Division of the Supreme Court of New York

People v. Reed

135 A.D.2d 585, 522 N.Y.S.2d 29, 1987 N.Y. App. Div. LEXIS 52523

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 1987·Published·Cited by 2 cases

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered April 26, 1984, convicting him of criminal possession of stolen property in the first degree and unauthorized use of a vehicle in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant had previously been adjudicated a second felony offender, readjudication of this finding was not required (see, CPL 400.21 [8]). In any event, a statement of the defendant’s prior felonies was filed and a preliminary examination was conducted in compliance with CPL 400.21 (2) and (3) (cf., People v Owens, 58 AD2d 898; People v Anderson, 60 AD2d 632). The defendant admitted all allegations necessary to support a predicate felony finding and was properly sentenced as a second felony offender. We have considered the defendant’s remaining contentions, and find them to be without merit. Mangano, J. P., Bracken, Eiber and Kunzeman, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered April 26, 1984, convicting him of criminal possession of stolen property in the first degree and unauthorized use of a vehicle in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant had previously been adjudicated a second felony offender, readjudication of this finding was not required (see, CPL 400.21 [8]). In any event, a statement of the defendant’s prior felonies was filed and a preliminary examination was conducted in compliance with CPL 400.21 (2) and (3) (cf., People v Owens, 58 AD2d 898; People v Anderson, 60 AD2d 632). The defendant admitted all allegations necessary to support a predicate felony finding and was properly sentenced as a second felony offender. We have considered the defendant’s remaining contentions, and find them to be without merit. Mangano, J. P., Bracken, Eiber and Kunzeman, JJ., concur.

People v. Reed, 135 A.D.2d 585, 522 N.Y.S.2d 29, 1987 N.Y. App. Div. LEXIS 52523 (N.Y. Ct. App. 1987).

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Opinion

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