PEOPLE v. MARIANO


268 A.D.2d 671 (2000)

701 N.Y.S.2d 512

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MARIANO, Appellant.

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

Decided January 13, 2000.


On September 5, 1997, defendant entered a plea of guilty to three counts of burglary in the second degree and was, thereafter, sentenced as a second violent felony offender to concurrent determinate prison terms of 10 years on each count.

Defendant does not challenge the severity of his sentence but rather that the underlying reference to defendant as a second violent felony offender was erroneous. We agree. Although defendant...

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