People v. Witherspoon

Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Weber, J.), dated April 12, 2010, which denied, without a hearing, his motion pursuant to CPL 440.20 to set aside a sentence of the same court (Cacciabaudo, J.), imposed January 4, 1996, upon his conviction of burglary in the second degree.

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…