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PEOPLE v. WEINBERGER

15 N.Y.2d 735 (1965)

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

Court of Appeals of the State of New York.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.

Herbert S. Siegal for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN. Judge SCILEPPI dissents in the following opinion:

Order affirmed.

SCILEPPI, J. (dissenting).

This appeal presents one question: whether a plea of guilty, standing alone (no sentence was imposed), constitutes a "conviction" within section 1941 of the Penal Law as applied to second felony offenders. Since we have never ruled on this precise point, it is incumbent on us to weigh considerations of legislative intent and public policy as we attempt to ferret out the intended meaning and impact of...

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