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PEOPLE v. FRANCO

172 Misc.2d 489 (1997)

660 N.Y.S.2d 531

The People of the State of New York, Plaintiff, v. Carlos R. Franco, Defendant.

Supreme Court, Suffolk County.

May 29, 1997

Attorney(s) appearing for the Case

Charles E. von Schmidt, Hauppauge, for defendant. James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Christopher McPartland of counsel), for plaintiff.

RICHARD M. KLEIN, J.

May a defendant sentenced to probation without having been arraigned as a predicate offender be sentenced as a second felony offender for a violation of that probation? The court concludes that sentencing a defendant as a second felony offender in such circumstances is not only permissible, but mandatory.

On September 6, 1990, following his guilty plea to the crime of criminal...

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