People v. Slepinski

On this appeal defendant contends, and we agree, that it was error to sentence him as a second felony offender. The record does not establish a "predicate felony conviction” of the defendant permitting his sentence as a second felony offender, in that no sentence was imposed upon the prior conviction alleged as required by section 70.06 (subd 1, par [b], cl [ii]) of the Penal Law. Following his plea of guilty to a violation of section 11500 of the California Health and Safety Code, involving a charge of possession of heroin, defendant, pursuant to the provisions of section 3051 of the…