People v. Rice

The defendant, Oliver J. Rice, pleaded guilty to manslaughter, first degree (Penal Law, § 125.20), on March 17, 1975, in full satisfaction of a charge of murder (Penal Law, § 125.25), committed September 3, 1973. He was sentenced to an indeterminate term of 0 to 18 years on April 14, 1975. Defendant here moves under CPL 440.20 to have that sentence set aside so that he may be resentenced as a second felony offender in accordance with the provisions of section 70.06 of the Penal Law. The motion is granted.

The predicate felony on which defendant grounds the relief sought is a 1946 homicide…