People v. Sepulveda

Judgment, Supreme Court, New York County (Harold J. Rothwax, J.), rendered March 8, 1989, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the second degree and sentencing him, as a predicate felony offender, to a term of imprisonment of from six years to life, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for resentence and, except as thus modified, affirmed.

As the People correctly concede, the sentence, adjudicating defendant a predicate felon, was illegal as a matter of law, since his sentence on…