People v. Booker

Judgment, Supreme Court, Bronx County, rendered December 3, 1975, convicting defendant of robbery, first degree, and sentencing him to four and one-half to nine years as a predicate felon, unanimously reversed, on the law, to the extent of vacating the sentence and remanding for resentence in compliance with CPL 400.21. On the date set for sentencing, a predicate felony statement was filed with the court and a copy given to the defendant. The court then denied an adjournment sought by the defendant to enable him to controvert the statement on constitutional grounds. CPL 400.21 (subd 6)…