People v. Chapman

Order, Supreme Court, New York County (Burton B. Roberts, J.), entered February 5, 1982, which denied the People’s application that defendant be sentenced as a second violent felony offender (Penal Law, § 70.04), is unanimously reversed, on the law and the facts, the application granted, and the judgment modified only to the extent of reversing and vacating the sentence and remanding for resentencing as a second violent felony offender, and otherwise affirmed. After a dispute with a desk clerk, on March 27, 1980, defendant allegedly started a fire in his room at the Imperial Court Hotel,…