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PEOPLE EX REL. GORDON v. LA VALLEE

13 A.D.2d 850 (1961)

The People of the State of New York ex rel. Edward Gordon, Also Known as Edward Scottaline, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1961

Upon conviction of a felony, relator was sentenced to additional punishment as a second offender, by reason of a prior felony conviction upon which the execution of sentence was suspended. A conviction upon which sentence or the execution thereof is suspended subjects a subsequent offender to increased punishment as a second offender (Code Crim. Pro., § 470-b), but may not be used to constitute him a third or fourth offender (People v. Shaw, 1...

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