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THE PEOPLE, ETC., RESPONDENT, v. ANTON MELVIN, APPELLANT. (Ind. No. 98-00251)

DECISION ORDER

ORDERED that the judgment is affirmed.

The certificate of conviction produced by the People in this case was sufficient to establish that the defendant was a second felony offender (see, CPL 60.60; People v. Parsons, 84 A.D.2d 510, affd 55 N.Y.2d 858). "Unlike the situation in People v. Van Buren ( 82 N.Y.2d 878), where the certificate of conviction produced by the People identified the previously convicted individual by nothing more than name, in this case the evidence offered by the People identified [the] defendant by name, [and by] date of birth" (People v. Richards, 266 A.D.2d 714, 715-716). Thus, the defendant was properly sentenced as a second felony offender.

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PEOPLE v. MELVIN
(Jan 11, 2001)