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People v. Mendoza

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 715 (N.Y. App. Div. 1994)

Opinion

September 20, 1994

Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.).


As the People concede, defendant was improperly adjudicated a second felony offender since sentence on his prior conviction had not been imposed prior to his commission of the present felony (Penal Law § 70.06 [b] [ii]). Accordingly, the sentence must be vacated and the case remanded for resentencing notwithstanding that defendant challenges the sentence for the first time on appeal (People v. Rodriguez, 191 A.D.2d 287, lv denied 81 N.Y.2d 1019; People v. Mickle, 91 A.D.2d 920).

Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Mendoza

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 715 (N.Y. App. Div. 1994)
Case details for

People v. Mendoza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINGO MENDOZA…

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

Date published: Sep 20, 1994

Citations

207 A.D.2d 715 (N.Y. App. Div. 1994)
616 N.Y.S.2d 949

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