New York Court of Appeals

The People of the State of New York, Respondent v. Rick Samms, Appellant

June 13, 200095 N.Y.2d 52

Summary

The Court held that a sentence imposed as a second violent felony offender is unauthorized when the predicate conviction has not yet been sentenced, and that such an unauthorized sentence is reviewable on appeal even though the defendant did not preserve the issue at sentencing.