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PEOPLE v. NETTLES

30 N.Y.2d 841 (1972)

The People of the State of New York, Respondent, v. Learlon Nettles, Appellant. The People of the State of New York ex rel. Learlon Nettles, Appellant, v. Warden, Brooklyn Men's House of Detention, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1972.

Attorney(s) appearing for the Case

Alan Scribner and Aaron Jaffe for appellant.

Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge SCILEPPI dissents in part and votes to dismiss the appeal and the application for leave to appeal for untimeliness in a separate opinion.

Per Curiam.

Defendant was sentenced to 15 years to life as a fourth-felony offender. No one concerned with the plea, neither the Judge, the District Attorney, nor the defendant's lawyer, knew at the time of plea defendant would thereby become a fourth-felony offender, greatly increasing the mandatory sentence, nor did the defendant know the legal status and magnitude of his earlier convictions.

As a matter...

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