From Casetext: Smarter Legal Research

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 486 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

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


Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for resentencing in accordance with the procedures set forth in CPL 400.15.

The defendant contends, and the People correctly concede, that he was improperly sentenced. The defendant was sentenced without substantial compliance with the procedures for adjudicating a defendant as a second violent felony offender set forth in CPL 400.15. Thus, the case should be remitted for resentencing in accordance with the procedures set forth in CPL 400.15 ( see, People v. Brown, 155 A.D.2d 608; People v. Colon, 122 A.D.2d 150; People v. King, 114 A.D.2d 650).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Mangano, P. J., Bracken, Miller and Krausman, JJ., concur.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 486 (N.Y. App. Div. 1998)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE JENKINS…

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 486 (N.Y. App. Div. 1998)
669 N.Y.S.2d 509

Citing Cases

People v. Traylor

The brief, incidental, logistical comments made by Supreme Court, the clerk and the prosecutor in defendant's…