People v. Cresong

Appeal from a judgment of the County Court of Otsego County, rendered June 16, 1975, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the first degree. On *1012this appeal the defendant urges a reversal of the conviction on several grounds, and maintains that the sentence imposed was improper. As conceded by the People, the statute under which the defendant was sentenced as a second felony offender having been declared unconstitutional, he must be resentenced as a first felony offender (People v Parker, 49 AD2d 657; People v Morton, 48 AD2d 58). As to…