People v. Samms

OPINION OF THE COURT

Rosenblatt, J.

Following a Queens County jury verdict for robbery and burglary, defendant was improperly sentenced as a second violent felony offender. The enhanced sentence was unauthorized because defendant was sentenced for his predicate felony conviction after he had committed the Queens County crimes. This was apparent from the face of the record. Defendant made no protest at the time of sentencing, nor did anyone else bring it to the court’s attention. The question before us is whether defendant’s unauthorized sentence is nonetheless reviewable on appeal. We hold that…