(DOWNLOAD) "People State New York v. Karl Brown" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Karl Brown
• Author : Supreme Court of New York
• Release Date : January 12, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The second felony offender sentencing provisions of section 70.06 of the Penal Law are mandatory. The purpose of the procedures of CPL 400.21 is to ensure that defendants sentenced under section 70.06 of the Penal Law are, in fact, second felony offenders. That procedure was not intended to allow known second felony offenders to be sentenced as first offenders if the prosecutor failed to comply with its provisions. In this case, appellant twice admitted, prior to his initial sentencing, that he was a second felony offender. Under these circumstances, CPL 400.21 required the court to defer sentencing until the appropriate information had been filed by the prosecutor. The fact that he did not do so rendered the initial sentence invalid as a matter of law, and subject to vacatur upon motion of the People under CPL 440.40. Prior to the resentencing of appellant as a second felony offender, a second felony offender information was filed, and full compliance was had with the provisions of CPL 400.21. Appellant admitted the truthfulness of the predicate felony allegation, and did not wish to controvert the validity of the conviction. Therefore, the second felony offender sentence was properly imposed. However, in accordance with the sentencing court's intention to sentence defendant to the minimum term permissible, we have modified the sentence to an indeterminate term of from three to six years. Disposition As so modified, resentence affirmed.

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