PEOPLE v. IRVING


54 A.D.2d 765 (1976)

The People of the State of New York, Respondent, v. George Irving, Appellant

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

October 25, 1976


Judgment affirmed.

The defendant pleaded guilty to a previous offense prior to the effective date of the present predicate felony statute (Penal Law, § 70.06). At the time of that plea an actual sentence of not more than one year precluded use of that conviction to secure second felony sentencing upon a subsequent conviction. The current statute requires reference to the authorized sentence in order to determine whether a crime is a predicate felony...

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