People v. Sutliff

Appellate Division of the Supreme Court of New York

People v. Sutliff

168 A.D.2d 745, 565 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 15251

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

DecidedDecember 13, 1990

StatusPublished

This text of 168 A.D.2d 745 (People v. Sutliff) 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. Sutliff, 168 A.D.2d 745, 565 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 15251 (N.Y. Ct. App. 1990).

Pincite

Opinion

Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), ren[746]*746dered December 11, 1989, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

The People concede that defendant was not adequately informed of his right to challenge any statement regarding a predicate felony conviction as required by CPL 400.21. Due to this failure to comply with the statutory procedures for determining second felony offender status, the sentence must be vacated and the matter remitted for resentencing (see, People v Snyder, 105 AD2d 553).

Judgment modified, on the law, by vacating the sentence; matter remitted to the County Court of Rensselaer County for resentencing; and, as so modified, affirmed. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), ren[746]*746dered December 11, 1989, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

The People concede that defendant was not adequately informed of his right to challenge any statement regarding a predicate felony conviction as required by CPL 400.21. Due to this failure to comply with the statutory procedures for determining second felony offender status, the sentence must be vacated and the matter remitted for resentencing (see, People v Snyder, 105 AD2d 553).

Judgment modified, on the law, by vacating the sentence; matter remitted to the County Court of Rensselaer County for resentencing; and, as so modified, affirmed. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

168 A.D.2d 745, 565 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 15251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sutliff-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack