Judgment reversed, on the law, and defendant remanded to the County Court for the purpose of resentencing him, nunc pro tunc as of December 13, 1962, as a first felony offender.
No questions of fact have been considered. In our opinion it was error to employ defendant's 1958 Federal conviction as a predicate for multiple offender status, since the Federal court had afforded defendant, then 18 years of age, youthful offender treatment (People v. Colabella...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
