People v. Love

OPINION OF THE COURT

Callahan, J. P.

On this appeal,* the People claim that the Monroe County Court unlawfully sentenced defendant as a first felony offender after that court had granted defendant’s CPL 440.20 motion and vacated defendant’s prior sentencing as a second felony offender.

Defendant was originally sentenced on January 31, 1983 as a second felony offender to an indeterminate term of 12 Vi to 25 years for robbery in the first degree for an incident that occurred on January 9, 1982. Defendant’s status as a predicate felon was based upon a prior conviction in 1972 for assault in the…