People v. Hernandez

Appeal by the People from a sentence of the County Court, Orange County (Berry, J.), imposed October 16, 2001, the sentence being 16 weekends in the Orange County Jail, to run concurrently with a term of probation of five years, upon the defendant’s conviction of burglary in the third degree, upon his plea of guilty.

Ordered that the sentence is reversed, on the law, the defendant is adjudicated a second felony offender, and the matter is remitted to the County Court, Orange County, for resentencing of the defendant as a second felony offender.

The People contend that the defendant is a second…