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PEOPLE v. LEACOCK

196 A.D.2d 663 (1993)

602 N.Y.S.2d 552

The People of the State of New York, Respondent, v. Anthony Leacock, Appellant

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

August 30, 1993

Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The sentence imposed by the Supreme Court would be legally permissible only in the event the defendant were found to be a second felony offender. Since the record does not indicate whether the procedures set forth in CPL 400.21 for determining the defendant's status...

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