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PEOPLE v. ALLEN

270 A.D.2d 170 (2000)

706 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY ALLEN, Appellant.

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

Decided March 28, 2000.

While the initial sentence imposed was defective because the court failed to comply with CPL 400.21 before sentencing defendant as a second felony offender (see, People v Towns, 94 A.D.2d 973, lv denied 60 N.Y.2d 595), the court rectified the error on the same day it initially imposed sentence when it, sua sponte, recalled the matter for resentencing. Defendant was given a copy of the predicate felony statement and the opportunity...

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