PEOPLE v. MENDOZA


207 A.D.2d 715 (1994)

616 N.Y.S.2d 949

The People of the State of New York, Respondent, v. Domingo Mendoza, Appellant

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

September 20, 1994


As the People concede, defendant was improperly adjudicated a second felony offender since sentence on his prior conviction had not been imposed prior to his commission of the present felony (Penal Law § 70.06 [1] [b] [ii]). Accordingly, the sentence must be vacated and the case remanded for resentencing notwithstanding that defendant challenges the sentence for the first time on appeal (People v Rodriguez, ...

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