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PEOPLE v. HOROWITZ

27 A.D.2d 367 (1967)

The People of the State of New York, Respondent, v. Bernard Horowitz, Appellant

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

May 11, 1967.

Attorney(s) appearing for the Case

Henry S. Dogin of counsel (Michael Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

Patrick M. Wall for appellant.

STEUER and McGIVERN, JJ., concur with TILZER, J.; STEVENS, J., dissents in opinion in which BOTEIN, P. J., concurs.

TILZER, J.

The defendant had been indicted for the crime of criminally buying and receiving stolen property as a felony. He was permitted to plead guilty to criminally receiving stolen property as a misdemeanor. Defendant received a suspended sentence upon the People's recommendation to that effect since he owed time on a prior felony conviction. Prior to pleading guilty the defendant had moved to suppress certain...

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