Summary
In Gutierrez v. Trillium, 111 A.D.2d 669, 671, the court stated that vehicle stops which are foreseeable under the prevailing traffic conditions, even if sudden and frequent, must be anticipated by the driver who follows, since he or she is under a duty to maintain a safe distance.
Summary of this case from Roman v. Sullivan Paramedicine, Inc.Opinion
June 18, 1985
Appeal from the Supreme Court, Bronx County (Howard Goldfluss, J.).
Since, as the People forthrightly concede, defendant committed the second of his violent felony offenses prior to the April 1, 1976 sentence imposed on his first violent felony offense conviction, he could not, under the holding of People v. Morse ( 62 N.Y.2d 205), be adjudicated a persistent violent felony offender, at least on the basis of those two convictions. Accordingly, we vacate said finding and the sentence based thereon and remand for resentence.
Concur — Kupferman, J.P., Ross, Asch, Bloom and Rosenberger, JJ.