People v. Fotiathis

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Defendant pleaded guilty to attempted burglary in the third degree and, in accordance with the plea bargain, was sentenced to an indeterminate term of incarceration of IVz to 3 years. On appeal, he contends that the court erred in sentencing him as a second felony offender because the People failed to file a second felony offender statement pursuant to CPL 400.21. We agree. Under the circumstances of this case, the…