People v. Allen

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered April 24, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

While the initial sentence imposed was defective because the court failed to comply with CPL 400.21 before sentencing defendant as a second felony offender (see, People v Towns, 94 AD2d 973, lv denied 60 NY2d 595), the court rectified the error on the same day it initially imposed sentence…