People v. Hull

Defendant levels criticism at the sentence meted out to him for a third felony offense, complaining that the actual sentence should have been for a second felony offense.

He maintains that the sentencing Judge erred in his calculation by ulilizing for part of the formula the punishment of a suspended sentence imposed upon him at an earlier period of time for another condemnation of felony.

If defendant should carry his point, the motion for a resentence must be granted even though the same punishment could be imposed for a second offense as for a third offense. (People v. Begue, 1 A D 2d 289;…