People v. Acebedo

Appeal by the defendant from a judgment of the County Court, Dutchess County (King, J.), rendered December 18, 1987, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for a new second felony offender hearing and resentencing.

We agree with the defendant’s contention that the sentencing court erred at the second felony offender hearing, when, over the defendant’s…