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PEOPLE v. PERKINS

11 N.Y.2d 195 (1962)

The People of the State of New York, Respondent, v. Leonard Perkins, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Jacob W. Heller for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD and FOSTER concur with Judge BURKE; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.

BURKE, J.

In August, 1953 defendant was indicted in Kings County for the crime of murder in the second degree. He thereafter pleaded guilty to manslaughter in the first degree. At the time of his sentencing, the People filed an information charging him with a prior felony conviction — manslaughter in North Carolina. Defendant was, therefore, adjudged a second felony offender and sentenced to a term of...

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