Defendant's contention that the court sentenced him under the mistaken belief that he was a second violent felony offender is unpreserved and without merit. While the court stated during the plea proceeding that it found defendant to be a second violent felony offender, it is clear that it merely misspoke, inasmuch as at sentencing the court stated that defendant was being sentenced as a second felony offender (see,
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PEOPLE v. DAVIS
227 A.D.2d 193 (1996)
642 N.Y.S.2d 518
The People of the State of New York, Respondent, v. Shawn Davis, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 9, 1996
May 9, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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