People v. Conklin

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 11, 2016, convicting him of escape in the second degree, upon his plea of guilty, and imposing sentence upon his adjudication as a second felony offender.

Ordered that the judgment is modified, on the law, by vacating the defendant’s adjudication as a second felony offender and the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for a new second felony offender hearing and for resentencing thereafter.

At the…