PEOPLE v. POLANCO


232 A.D.2d 674 (1996)

648 N.Y.S.2d 56

The People of the State of New York, Respondent, v. Jesus W. Polanco, Appellant

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

October 10, 1996


Defendant, who pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 4½ to 9 years, now claims that County Court improperly adjudicated him as a second felony offender. On the day of the plea allocution, the People filed a statement pursuant to CPL 400.21 charging that defendant previously had been convicted within this State of...

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