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PEOPLE v. McRAE

32 A.D.2d 772 (1969)

The People of the State of New York, Respondent, v. David McRae, Appellant

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

June 26, 1969

Judgment rendered April 19, 1968, unanimously reversed on the law and the case is remitted to the court below for further proceedings and for resentencing.

The defendant, after his guilty plea, was arraigned on a prior information. He admitted the identity, but stated that he thought he had entered a plea to a misdemeanor and not a plea of guilty to a felony. We accept this as a challenge to the prior conviction on the ground...

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