Appellate Division of the Supreme Court of New York, 1985

People v. Sykes

Appellate Division of the Supreme Court of New York · Decided April 29, 1985

110 A.D.2d 918; 488 N.Y.S.2d 463; 1985 N.Y. App. Div. LEXIS 48823

Cases that cite this one

7 later published cases cite this decision.

People v. Ritorto (Appellate Division of the Supreme Court of New York 2015)
People v. Nelson (Appellate Division of the Supreme Court of New York 1997)
People v. Hill (Appellate Division of the Supreme Court of New York 2020)
People v. Sierra (Appellate Division of the Supreme Court of New York 2018)
People v. Melero (Appellate Division of the Supreme Court of New York 1992)
People v. Sanchez (Appellate Division of the Supreme Court of New York 1987)
People v. Evans (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The underlying predicates for defendant’s sentence as a persistent violent felony offender (Penal Law § 70.08) were his conviction in 1976 of two felonies, the underlying offenses to both convictions having been committed before sentence under either one. Because these two convictions may only count as one predicate felony for the purpose of Penal Law § 70.08 (People v Morse, 62 NY2d 205), the within sentence must be vacated and the matter remitted for resentencing, at which time the People may file either a second violent felony offender statement or a persistent violent felony offender statement depending on what *919other crimes defendant may have been convicted of (Penal Law § 70.04 [1]; § 70.10 [1]).

We have considered defendant’s other contentions and find them to be without merit. Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.