PEOPLE v. ROSELLO


97 Misc.2d 963 (1979)

The People of the State of New York, Plaintiff, v. John Rosello, Defendant.

Supreme Court, Trial Term, New York County.

January 24, 1979


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (David Cooper of counsel), for plaintiff. Martin Erdman and Kenneth Wirfel for defendant.


ALLEN MURRAY MYERS, J.

Defendant John Rosello is before me for sentencing. He was convicted on April 13, 1978 of the crime of criminal possession of a weapon in the third degree, a class D felony. The District Attorney has requested that he be sentenced as a persistent felony offender under section 70.10 of the Penal Law and CPL 400.20.

The defendant has opposed the proposed sentencing on various grounds...

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