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People v. Leacock

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1993
196 A.D.2d 663 (N.Y. App. Div. 1993)

Opinion

August 30, 1993

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The sentence imposed by the Supreme Court would be legally permissible only in the event the defendant were found to be a second felony offender. Since the record does not indicate whether the procedures set forth in CPL 400.21 for determining the defendant's status as a second felony offender were complied with, the sentence must be vacated and the matter remitted for resentencing in accordance with CPL 400.21 (see, People v Bressingham, 148 A.D.2d 463). Mangano, P.J., Bracken, Rosenblatt, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Leacock

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1993
196 A.D.2d 663 (N.Y. App. Div. 1993)
Case details for

People v. Leacock

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY LEACOCK…

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

Date published: Aug 30, 1993

Citations

196 A.D.2d 663 (N.Y. App. Div. 1993)
602 N.Y.S.2d 552

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