PEOPLE v. MUNDY


281 A.D.2d 338 (2001)

722 N.Y.S.2d 514

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD MUNDY, Appellant.

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

Decided March 27, 2001.


Defendant claims that, due to the People's allegedly unreasonable delay in ascertaining his second felony offender status, he was entitled to be sentenced, as originally promised, to a term of 1 year. This claim was waived when, upon the People's discovery of his prior felony convictions, defendant accepted a renegotiated plea and sentence. In any event, since defendant was, in fact, a second felony offender a sentence of 1 year would have been illegal and the court would...

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