PEOPLE v. WITHERSPOON

2010-07855.

100 A.D.3d 809 (2012)

953 N.Y.S.2d 657

2012 NY Slip Op 7708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC WITHERSPOON, Appellant.

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

November 14, 2012.


Ordered that the order is affirmed.

The defendant contends that he was illegally sentenced in 1996, and therefore, the 1996 conviction should not be used to enhance his current sentence. Specifically, the defendant asserts, and the People correctly concede, that he should have been sentenced in 1996 as a second violent felony offender, pursuant to the procedures outlined in CPL 400.15, upon his conviction of burglary in the second degree, based upon his previous conviction...

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