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PEOPLE v. BUTLER

46 A.D.2d 422 (1975)

The People of the State of New York, Respondent, v. Larry G. Butler, Appellant

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

January 9, 1975.

Attorney(s) appearing for the Case

Donald L. Austin (Frank Blando of counsel), for appellant.

Richard D. Enders for respondent.

MARSH, P. J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.

CARDAMONE, J.

The appellant, Larry G. Butler, attacks the constitutionality of this State's recently enacted second felony offender statute (Penal Law, § 70.06). Appellant was originally indicted on two counts of burglary in the third degree and two counts of grand larceny in the third degree. On December 17, 1973 appellant pleaded guilty in Oneida County Court to one count of burglary in the third degree...

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