People v. Jordan

— Appeal by the People from an order of the Supreme Court, Kings County (Booth, J.), entered September 24, 1981, which denied their motion pursuant to CPL 440.40 to set aside the sentence in this case as invalid as a matter of law. Order affirmed. Before the defendant entered his guilty plea, the prosecutor, defense counsel and the court indicated to defendant that he would be sentenced as a second felony offender. Prior to the sentencing of the defendant, the People served a second felony offender statement and the defendant was arraigned thereon and sentenced, as originally promised by the…