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PEOPLE v. HARGROVE

No. 997N/02

25 Misc.3d 313 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WAYNE HARGROVE, Defendant.

Supreme Court, Nassau County.

Decided March 20, 2009.

Attorney(s) appearing for the Case

Wayne Hargrove, defendant pro se.

Kathleen M. Rice, District Attorney (Margaret E. Mainusch of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM C. DONNINO, J.

A sentence of a defendant, as a multiple-felony offender, is not rendered illegal solely because the prosecutor did not allege in the predicate statement the periods of time which had been tolled because of the defendant's incarceration.

Before sentence, the defendant was adjudicated a persistent violent felony offender. The District Attorney's predicate statement...

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