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PEOPLE v. SMITH

121 A.D.2d 771 (1986)

The People of the State of New York, Respondent, v. Gary F. Smith, Appellant

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

June 5, 1986

Weiss, J.

Defendant pleaded guilty to burglary in the third degree in full satisfaction of five separate indictments, containing 11 theft-related counts. He was sentenced to a term of 2 to 4 years of imprisonment as a second felony offender. On this appeal, defendant maintains that County Court failed to comply with the procedure for determining second felony offender status as set forth in CPL 400.21. Our...

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