People v. Crisafi

Defendant applies for resentence, having previously been sentenced as a second felony offender.

The first felony was committed in the State of Ohio and sentence thereon was suspended by the Ohio court.

Under these circumstances, it was held in People v. Hunter (3 Misc 2d 1032) that the prior felony may not be charged by way of information under section 1943 of the Penal Law but must be charged by indictment pursuant to section 470-b of the Code of Criminal Procedure. In the instant case, the procedure was pursuant to the Penal Law.

Defendant further correctly contends that the conviction in Ohio…