People v. Gillard

Judgment of the Supreme Court, New York County (Harold Rothwax, J.), rendered on January 19, 1983, which convicted defendant, upon his plea of guilty, of grand larceny in the third degree and sentenced him, as a predicate felon, to a term of from IV2 to 3 years, is unanimously modified, on the law, to the extent of reversing the sentence and remanding the matter for resentence, and otherwise affirmed.

The trial court properly declined to hold a hearing in connection with defendant’s motion to controvert the allegations contained in the People’s predicate felony statement since no disputed…