People v. Cappucci

— Appeal by defendant (by permission) from an order of the Supreme Court, Kings County (Scholnick, J., on the order; Booth, J., on the decision), entered July 1, 1982, which denied his motion pursuant to CPL 440.20 to vacate a sentence imposed August 20,1980, following his adjudication as a second felony offender. Order reversed, on the law, and motion granted; the sentence imposed August 20, 1980 is vacated and the case is remitted to the Supreme Court, Kings County, for resentencing. On July 17, 1972, defendant pleaded guilty to the crimes of transportation of stolen vehicles (US Code, tit…