People v. Nowak

Judgment unanimously modified, on the law, in accordance with memorandum, and, as modified, affirmed and defendant remanded to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Defendant’s conviction for possession of burglar’s tools, based on his possession of a duplicate key, must be reversed (People v Baer, 96 AD2d 717). Furthermore, the court erred in sentencing defendant as a second felony offender without conducting a hearing after defendant asserted that his earlier conviction had been obtained in violation of his constitutional rights…