New York Supreme Court May 29, 1997 (People v. Franco)

OPINION OF THE COURT

Richard M. Klein, J.

May a defendant sentenced to probation without having been arraigned as a predicate offender be sentenced as a second felony offender for a violation of that probation? The court *490concludes that sentencing a defendant as a second felony offender in such circumstances is not only permissible, but mandatory.