People v. Moore

Ross and Rosenberger, JJ., dissent in a memorandum by Ross, J., as follows:

Based upon my examination of the record, I find that defendant was improperly adjudicated a second felony offender.

By New York County indictment, filed February 26, 1985, defendant was charged with the crimes of grand larceny in the third degree (Penal Law § 155.30 [4]), criminal possession of stolen property in the second degree (Penal Law § 165.45 [2]), and theft of services (Penal Law § 165.15 [1]).

Following his indictment, and having received the advice of counsel, defendant pleaded guilty to the crime of criminal…