PEOPLE v. SPENCER

2017-02160, 2017-02161.

165 A.D.3d 706 (2018)

85 N.Y.S.3d 219

2018 NY Slip Op 06574

The People of the State of New York, Respondent, v. David H. Spencer, Appellant.

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

Decided October 3, 2018.


Ordered that the sentences are reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

The defendant's contention that he was improperly sentenced as a second felony offender is unpreserved for appellate review since he did not contest or controvert his status as a second felony offender at the sentencing hearing (see CPL 470.05 [2]; People v...

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