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PEOPLE v. SLEPINSKI

54 A.D.2d 202 (1976)

The People of the State of New York, Respondent, v. Richard Slepinski, Appellant

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

November 5, 1976

Attorney(s) appearing for the Case

Nathaniel A. Barrell (Rosalie Stoll of counsel), for appellant.

Edward C. Cosgrove (John DeFranks of counsel), for respondent.

MOULE, SIMONS, GOLDMAN and WITMER, JJ., concur.

MARSH, P. J.

On this appeal defendant contends, and we agree, that it was error to sentence him as a second felony offender. The record does not establish a "predicate felony conviction" of the defendant permitting his sentence as a second felony offender, in that no sentence was imposed upon the prior conviction alleged as required by section 70.06 (subd 1, par [b], cl [ii]) of the Penal Law. Following his plea...

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