People v. Sapp

OPINION OF THE COURT

Raymond E. Aldrich, Jr., J.

This decision involves the heretofore undecided question concerning the sentence of a potential second felony offender when he is subject to such a sentence but he is not sentenced in accordance with section 70.06 of the Penal Law.

A review of prior judicial decisions has not enlightened this court as to the disposition of this oral motion by the People for setting aside the sentence previously imposed which has been served.

Defendant on or about January 23, 1979, after a plea of guilty under a superior court information to the crime of attempted…