PEOPLE v. BARNES


160 A.D.2d 342 (1990)

The People of the State of New York, Respondent, v. Clifford Barnes, Appellant

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

April 12, 1990


Defendant, under indictment No. 2661/87, was originally sentenced, on July 6, 1987, to a five-year term of probation. Prior to sentencing on indictment No. 5949/87, the People became aware that defendant should have been sentenced as a second felony offender under the first indictment. Fingerprint records, under the name "Craig Cacchio" and Clifford Barnes, established that defendant had previously been convicted of a felony.

Under these circumstances, the sentencing...

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