PEOPLE v. WEINBERGER


21 A.D.2d 353 (1964)

The People of the State of New York, Respondent, v. Jay S. Weinberger, Appellant

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

June 22, 1964.


Attorney(s) appearing for the Case

Herbert S. Siegal for appellant.

Frank D. O'Connor, District Attorney (Eileen M. Thornton of counsel), for respondent.

BELDOCK, P. J., KLEINFELD, CHRIST and BRENNAN, JJ., concur.


HILL, J.

On December 12, 1962 defendant was sentenced as a second felony offender. He now appeals from that sentence on the single ground that he was a first offender and not a second felony offender, as the term second offender is defined by section 1941 of the Penal Law. Insofar as relevant, subdivision 1 of that section reads as follows: "a person, who, after having been once or twice convicted within this state, of a felony, of an attempt to commit...

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