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PEOPLE v. SUTLIFF

168 A.D.2d 745 (1990)

The People of the State of New York, Respondent, v. Thomas J. Sutliff, Appellant

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

December 13, 1990

The People concede that defendant was not adequately informed of his right to challenge any statement regarding a predicate felony conviction as required by CPL 400.21. Due to this failure to comply with the statutory procedures for determining second felony offender status, the sentence must be vacated and the matter remitted for resentencing (see, People v Snyder, 105 A.D.2d 553

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