PEOPLE v. BURGESS

2010-06514.

89 A.D.3d 1100 (2011)

933 N.Y.S.2d 715

2011 NY Slip Op 8769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY BURGESS, Appellant.

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

Decided November 29, 2011.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Westchester County, for a new trial.

The defendant asserts that he was deprived of a fair trial because the procedures set forth in CPL 200.60 were not followed. CPL 200.60 (1) provides that "[w]hen the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter...

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