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PEOPLE v. CARUTH

40 Misc.2d 473 (1962)

The People of the State of New York, Plaintiff, v. Clarence Darrow Caruth, Defendant.

Supreme Court, Criminal Term, Queens County.

November 30, 1962

Attorney(s) appearing for the Case

C. D. Caruth, defendant in person. Frank D. O'Connor, District Attorney (Eileen Thornton of counsel), for plaintiff.

GEORGE P. STIER, J.

This is a motion by the defendant to be resentenced as a first felony offender. Defendant alleges that his prior New York conviction does not constitute a second offense because he was sentenced thereon to the Elmira Reception Center.

The defendant relies on People v. Askew (3 A.D.2d 984). In that case the court stated: "After the jury returned a verdict of guilty of attempted burglary...

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