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PEOPLE v. SMITH

72 Misc.2d 80 (1972)

The People of the State of New York, Plaintiff, v. Hamilton Smith, Defendant.

Supreme Court, Criminal Term, Kings County.

November 13, 1972

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (William I. Siegel and Alan D. Marrus of counsel), for plaintiff. Robert Kasanof and Abraham S. Medwin for defendant.

VINCENT D. DAMIANI, J.

This is a motion by the petitioner for resentence (verified August 25, 1972) with respect to a judgment of the former Kings County Court dated May 13, 1960, which convicted the petitioner on his plea of guilty to attempted robbery in the second degree and sentenced him as a second felony offender to 5 to 10 years (LEIBOWITZ, J.).

The petitioner contends that "the predicate conviction...

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