People v. Johnson

Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and defendant remanded to Monroe County Court for further proceedings in accordance with memorandum, and otherwise judgment affirmed. Memorandum: Defendant was sentenced as a second felony offender to a period of imprisonment of 1 Vz to 3 years. During the sentence proceeding, defendant did not controvert the allegations contained in the second felony offender statement. He admitted that he was the same individual named in the statement and that he had previously been convicted of a felony. Defendant’s attorney,…