Legal Opinion

People v. Hargrove

New York Supreme Court

Decided March 20, 2009Published

1Opinion of the Court

OPINION OF THE COURT

William C. Donnino, J.

*314A 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 alleged two prior felony convictions, both of which occurred more than 10 years prior to the instant conviction. The statement included the length of the sentences on those two prior felony…

2Cases cited13 opinions

  1. People v. GrayNew York Court of Appeals · 1995
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. NievesNew York Court of Appeals · 2004
  4. People v. SammsNew York Court of Appeals · 2000
  5. People v. BouyeaNew York Court of Appeals · 1985

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