People v. Anthony

Judgment of the Supreme Court, Kings County, rendered March 18, 1966 on resentenee, reversed, on the law and the facts, and *780action remitted to said court for resentencing of defendant as a second felony offender. Defendant’s prior conviction in the District of Columbia was improperly utilized as a predicate for determining his multiple felony offender status (People v. Clifton, 28 A D 2d 708). Beldoek, P. J., 'Christ, Rabin, Benjamin and Martuseello, JJ., concur.