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PEOPLE v. WILSON

13 N.Y.2d 277 (1963)

The People of the State of New York, Respondent, v. Alfred Wilson, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Leon B. Polsky and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller of counsel), for respondent.

Judges DYE, VAN VOORHIS, FOSTER and SCILEPPI concur with Chief Judge DESMOND; Judge FULD concurs in a separate opinion in which Judge BURKE concurs.

Chief Judge DESMOND.

Appellant would have us reconsider and revise the rule announced by this court in 1949 in People v. McCullough (300 N.Y. 107). The McCullough holding was that when a felony conviction in another jurisdiction has been used as one of the bases for sentencing defendant as a multiple offender in this State (Penal Law, §§ 1941 or 1942) the...

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