People v. Rivera

OPINION OF THE COURT

Michael A. Corriero, J.

On May 11,1981, the defendant, Carlos Rivera, was convicted after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [3]). On June 10, 1981 he was sentenced as a “Second Felony Offender” (Penal Law § 70.06 [1] [b] [v]) to an indeterminate period of incarceration of two to four years. The defendant was granted a stay of execution of sentence, pending appeal and on November 1, 1982 the Appellate Division, Second Department, unanimously reversed the defendant’s conviction and ordered the indictment dismissed (People…