PEOPLE v. DOWNS


49 A.D.2d 964 (1975)

The People of the State of New York, Respondent, v. William W. Downs, Jr., Appellant

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

October 23, 1975


The prior felony for which defendant was convicted, and which serves as the predicate felony for his second felony offender classification, was committed in the State of Florida. Under section 70.06 of the Penal Law, a sentence in such a case is made to depend upon the authorized sentence in the foreign jurisdiction, and we have held such portion of the statute to be unconstitutional in People v Morton (48 A.D.2d 58) and People...

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