People v. James
Opinion of the Court
— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed, and defendant remanded to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: At defendant’s sentencing, the prosecutor filed a second felony offender statement alleging that defendant was previously convicted when he was 16 years of age of second degree robbery and third degree grand larceny for a purse snatching. Defendant controverted the validity of that conviction by alleging that his prior felony conviction was unconstitutional because he was denied effective assistance of counsel based upon his attorney’s failure to request that he be adjudicated a youthful offender. The sentencing court must hold a hearing if a defendant controverts any allegation in the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.