| People v McGriff |
| 2008 NY Slip Op 00581 [47 AD3d 1165] |
| January 31, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Samuel McGriff, Appellant. |
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Beth G. Cozzolino, District Attorney, Hudson (N. Neal Conolly of counsel), for
respondent.
Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered July 11, 2002, convicting defendant following a nonjury trial of the crime of criminal sale of a controlled substance in the fifth degree.
Defendant was charged in an indictment with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree. He waived his right to a jury trial, was found guilty of criminal sale of a controlled substance in the fifth degree and was sentenced as a second felony offender to 2 to 4 years in prison. Defendant appeals.
Defendant asserts that County Court improperly sentenced him as a second felony offender
based upon his February 1999 conviction of robbery in the second degree. The record establishes
that defendant was 16 years old at the time he committed this crime and that he served
1
Peters, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.