PEOPLE v. ROSE


203 A.D.2d 115 (1994)

612 N.Y.S.2d 845

The People of the State of New York, Respondent, v. Juan Rose, Appellant

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

April 14, 1994


Following his plea of guilty, defendant objected to the predicate felony statement filed by the People on the ground that it incorrectly recited a conviction for assault in the second degree. In the ensuing colloquy between defendant and the sentencing court, defendant admitted that the statement should have recited a felony conviction for grand larceny in the fourth degree. The sentencing court directed that the statement be changed to recite that crime. Since defendant...

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