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PEOPLE v. SAMMS

95 N.Y.2d 52 (2000)

731 N.E.2d 1118

710 N.Y.S.2d 310

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICK SAMMS, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 2000.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Katheryne M. Martone and M. Sue Wycoff of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Peter Mason, John M. Castellano and Nicoletta J. Caferri of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

Following a Queens County jury verdict for robbery and burglary, defendant was improperly sentenced as a second violent felony offender. The enhanced sentence was unauthorized because defendant was sentenced for his predicate felony conviction after he had committed the Queens County crimes. This was apparent from the face of the record. Defendant made no protest at the...

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