People v. Guarino

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered August 20, 1985, convicting him of assault in the third degree (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

At the defendant’s Sandoval hearing, it was established that he had been convicted of assault in the third degree in 1973, criminal mischief in the fourth degree in 1976, and disorderly conduct in 1979. The hearing court…