PEOPLE v. DIAZ


34 A.D.2d 815 (1970)

The People of the State of New York, Respondent, v. John Diaz, Also Known as John Diaz Cruz, Appellant

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

May 18, 1970


Order affirmed.

Appellant contends that his judgment of conviction for attempted grand larceny in the second degree was not a final, appealable judgment and could not serve as the predicate for second felony offender treatment. This argument is based upon the fact that appellant was sentenced to an indefinite term in the New York City Penitentiary pursuant to the then applicable subdivision (b) of section 203 of the Correction Law (L. 1939, ch. 661, § 1). We...

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