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PEOPLE v. RICCHIUTTI

82 Misc.2d 399 (1975)

The People of the State of New York, Plaintiff, v. William E. Ricchiutti, Defendant.

County Court, Trial Term, Nassau County.

May 30, 1975

Attorney(s) appearing for the Case

Robert J. Kaschak for defendant. Denis Dillon, District Attorney (Douglas Hollmann of counsel), for plaintiff.

RICHARD C. DELIN, J.

The defendant is charged with a felony under the Tax Law. He now moves to strike the District Attorney's statement which alleges that he is a second felony offender. (See Penal Law, § 70.06; CPL 400.21.)

Section 70.06 (subd 1, par [a]) of the Penal Law provides that a second felony offender is "a person who stands convicted of a felony defined in this chapter" (emphasis supplied). Possession of untaxed cigarettes...

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