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People v. Allen [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
(N.Y. App. Div. Apr. 6, 2000)

Opinion

April 6, 2000.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered April 24, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4+ to 9 years, unanimously affirmed.

Argiro Kosmetatos, for respondent.

Carol A. Zeldin, for defendant-appellant.

ROSENBERGER, J.P., WILLIAMS, LERNER, SAXE, BUCKLEY, JJ.


While the initial sentence imposed was defective because the court failed to comply with CPL 400.21 before sentencing defendant as a second felony offender (see, People v. Towns, 94 A.D.2d 973, lv denied 60 N.Y.2d 595), the court rectified the error on the same day it initially imposed sentence when it, sua sponte, recalled the matter for resentencing. Defendant was given a copy of the predicate felony statement and the opportunity to controvert his prior conviction, and declined to challenge it.

The Decision and Order of this Court entered herein on February 3, 2000 is hereby recalled and vacated. See M-826 decided simultaneously herewith.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Allen [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
(N.Y. App. Div. Apr. 6, 2000)
Case details for

People v. Allen [1st Dept 2000

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. TROY ALLEN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 6, 2000

Citations

(N.Y. App. Div. Apr. 6, 2000)