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PEOPLE v. ROSE

20 Misc.3d 281 (2008)

862 N.Y.S.2d 727

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CASEY ROSE, Defendant.

Supreme Court, Kings County.

April 30, 2008.

Attorney(s) appearing for the Case

Steven A. Rubin, New York City, for defendant.

Andrew M. Cuomo, Attorney General, New York City (Audrey Cunningham of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

May a sentence court use a new arrest in which the defendant is charged in a nonhearsay felony complaint as the sole basis for enhancing a defendant's sentence?

The defendant pleaded guilty to the class D felony of insurance fraud in the third degree. On the day of the plea proceeding, the defendant was admonished that, if he were rearrested, he faced an enhanced...

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