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People v. Reed

135 A.D.2d 585 Court N.Y. App. Div. Decision date 1987-12-07 English

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p. 585
The People of the State of New York, Respondent, v Albert Reed, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered April 26, 1984, convicting him of criminal possession of stolen property in the first degree and unauthorized use of a vehicle in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant had previously been adjudicated a second felony offender, readjudication of this finding was not required (see, CPL 400.21 [8]). In any event, a statement of the defendant’s prior felonies was filed and a preliminary examination was conducted in compliance with CPL 400.21 (2) and (3) (cf., People v Owens, 58 AD2d 898 ; People v Anderson, 60 AD2d 632 ). The defendant admitted all allegations necessary to support a predicate felony finding and was properly sentenced as a second felony offender. We have considered the defendant’s remaining contentions, and find them to be without merit. Mangano, J. P., Bracken, Eiber and Kunzeman, JJ., concur.

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