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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 496 (N.Y. App. Div. 1991)

Opinion

May 6, 1991

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the sentence is affirmed.

The defendant contends that he was improperly adjudicated a second felony offender because the document relied upon by the sentencing court in reaching that adjudication failed to conform to CPL 400.22. We disagree. The only requirement lacking in the certificate signed by the superintendent of the correctional facility in which the defendant had been imprisoned upon his prior felony conviction is that it was not issued "under the seal of [the superintendent's] office" (CPL 400.22). We conclude that the purpose of that requirement was served by the notarization of the superintendent's signature, which is not required under CPL 400.22. This notarization served to render the certification reliable, and therefore, competent evidence under the applicable provisions (cf., People v Acebedo, 156 A.D.2d 369; People v Hines, 90 A.D.2d 621; People v Gonzalez, 64 A.D.2d 534). Mangano, P.J., Brown, Sullivan, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1991
173 A.D.2d 496 (N.Y. App. Div. 1991)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 6, 1991

Citations

173 A.D.2d 496 (N.Y. App. Div. 1991)
570 N.Y.S.2d 113

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