People v. Thomas

Judgment insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and matter remitted to Supreme Court, Onondaga County for resentencing. Memorandum: Defendant, who challenged the constitutionality of the court’s consideration of a prior felony conviction predating Penal Law § 70.06, was sentenced as a predicate felon in accordance with a plea bargain. It is conceded that the District Attorney failed to comply with CPL 400.21 (2) which provides that whenever it appears that a defendant may have previously been subjected to a predicate felony…