New York Court of Appeals
The People of the State of New York, Respondent-Appellant v. Wayne Bouyea, Appellant-Respondent
May 2, 198564 N.Y.2d 1140
Summary
The Court held that the Appellate Division erred in vacating the defendant's sentence for failing to file a predicate statement because the statutory purposes of CPL 400.21 were satisfied. Accordingly, the Court reinstated the sentence as a second felony offender and remanded for further review in the interests of justice.