People v. Scarbrough

Order affirmed. Memorandum: The court did not err in denying the People’s motion to resentence defendant as a second felony offender. The burden is on the People to file a predicate felony information “before sentence is imposed setting forth the date and place of each alleged predicate felony conviction” (CPL 400.21, subd 2). The People did not file a predicate felony information either at the time sentence was imposed or in support of their motion to vacate the sentence. The court properly sentenced defendant to two consecutive one-year terms of imprisonment in satisfaction of a plea of…