PEOPLE v. ORENGO


286 A.D.2d 344 (2001)

728 N.Y.S.2d 775

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ORENGO, Appellant.

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

Decided August 6, 2001.


Ordered that the order is affirmed.

At the time of sentencing, the People alleged that the defendant had a number of previous convictions. However, defense counsel asserted that the defendant had no previous convictions. The defendant himself told the court, "That's not my record. That's my cousin. He got the same name as me. That's not me."

On appeal, the People concede that the convictions which the prosecutor attributed to the defendant at sentencing were...

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