Court of Appeals of New York

Convictions for two counts of second-degree burglary are affirmed but the case is remanded for resentencing where: 1) the trial court properly denied defendant's motions to dismiss a burglary count based on his not being arrested or served notice of a grand jury proceeding when he was already arrested and already going before the grand jury; and 2) defendant should not have been sentenced as a second violent felony offender because the trial court included in the ten-year clock a period of incarceration from which he was freed on habeas corpus review.

Appellate Information

• Published 2015/11/19

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel