Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. MELVIN

Appellate Division of the Supreme Court of New York, Second Department.
Jan 11, 2001
Important Paras
Please sign up to view Important Paras.
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.