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People v. Crawford

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1978
64 A.D.2d 612 (N.Y. App. Div. 1978)

Summary

In People v Crawford (64 A.D.2d 612, supra) even though the prosecutor had not filed a predicate felony information statement, the defendant was sentenced as a second felony offender.

Summary of this case from People v. Saez

Opinion

July 3, 1978


Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County, imposed December 15, 1977, upon his conviction of manslaughter in the first degree, upon his plea of guilty, the sentence being a term of imprisonment with a minimum of five years and a maximum of 10 years (as a second felony offender). Sentence reversed, on the law, and case remitted to Criminal Term for resentencing. The record indicates (and the People concede) that at no time prior to the imposition of sentence was the defendant arraigned as a second felony offender. Nor was a predicate felony information filed against him by the prosecutor. In the absence of at least substantial compliance with CPL 400.21 sufficient to support a waiver of the defendant's rights thereunder or to create an estoppel (People v Woodard, 48 A.D.2d 980, 981), a second offender sentence must be vacated and the matter remanded to Criminal Term so that the defendant may be sentenced appropriately (People v Anderson, 60 A.D.2d 632). Gulotta, J.P., Shapiro, Cohalan and Margett, JJ., concur.


Summaries of

People v. Crawford

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1978
64 A.D.2d 612 (N.Y. App. Div. 1978)

In People v Crawford (64 A.D.2d 612, supra) even though the prosecutor had not filed a predicate felony information statement, the defendant was sentenced as a second felony offender.

Summary of this case from People v. Saez
Case details for

People v. Crawford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VANCE CRAWFORD…

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

Date published: Jul 3, 1978

Citations

64 A.D.2d 612 (N.Y. App. Div. 1978)

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