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PEOPLE v. CARACELLI

309 N.Y. 853 (1955)

The People of the State of New York, Respondent, v. William D. Caracelli, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1955

Attorney(s) appearing for the Case

William D. Caracelli, appellant in person.

T. Vincent Quinn, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.

Orders reversed, with the direction that appellant be returned to the County Court, Queens County, to be resentenced as a first offender, upon the ground that it does not sufficiently appear that the crime to which appellant pleaded guilty in New Jersey would have been a felony if committed in this State. No opinion.

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