People v. Cuozzo

Appeal by the defendant from a judgment of the County Court, Nassau County (O’Shaughnessy, J.), rendered February 18, 1986, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

In sentencing the defendant as a second felony offender, the court did not err in finding, after a hearing pursuant to CPL 400.21 (7), that the defendant had been previously convicted of a felony, which had not been obtained in…