[DOWNLOAD] "People State New York v. Morse Clearwater" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Morse Clearwater
- Author : Supreme Court of New York
- Release Date : January 29, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered January 21, 1983, convicting defendant upon his plea of guilty of the crime of robbery in the third degree. Following his plea of guilty of the crime of robbery in the third degree, defendant was sentenced as a second felony offender (Penal Law, § 70.06) based upon a prior felony conviction for operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 5). Defendant maintains that the predicate felony offender statute applies only where the predicate conviction is for a crime under the Penal Law. In the alternative, defendant maintains that section 70.06 of the Penal Law, as applied to the facts of this case, is unconstitutional. We reject both arguments. Section 70.06 (subd 1, par [b]) of the Penal Law provides, in relevant part, that "[for] the purpose of determining whether a prior conviction is a predicate felony conviction * * * (i) [the] conviction must have been in this state of a felony". In contrast, the statute defines a second felony offender as one who "stands convicted of a felony [98 A.D.2d 912 Page 913]