PEOPLE v. MITCHELL


298 A.D.2d 602 (2002)

748 N.Y.S.2d 689

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

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

Decided October 28, 2002.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed upon the conviction of grand larceny in the fourth degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The Supreme Court providently exercised its discretion in allowing the People to inquire, in the event the defendant testified at trial, regarding his having five prior felony and...

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