PEOPLE v. BATES


124 A.D.2d 994 (1986)

The People of the State of New York, Respondent v. Carl Bates, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1986


Judgment unanimously affirmed.

Memorandum:

Defendant's claim that he was improperly sentenced as a second violent felony offender (see, Penal Law § 70.04) is without merit. Although there is some confusion in the record, it is clear from the court's comments at sentencing and the certificate of conviction that defendant was sentenced as a second felony offender (see, Penal Law § 70.06). Where, as here, a defendant voluntarily admits...

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