PEOPLE v. PEARSON


39 A.D.2d 978 (1972)

The People of the State of New York, Respondent, v. James C. Pearson, Appellant

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

June 14, 1972


Petitioner was convicted as a second felony offender by judgment, rendered in Schenectady County on December 31, 1963, following a plea of guilty to manslaughter, first degree. Petitioner moves to vacate this judgment on the grounds that the judgment in the predicate felony was obtained by unconstitutional means. The predicate felony was a judgment rendered in Greene County on June 10, 1949 upon a plea of guilty to grand larceny. The trial court held that the application...

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