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PEOPLE v. GOODING

112 Misc.2d 118 (1981)

The People of the State of New York, Plaintiff, v. Richard Gooding, Defendant.

Supreme Court, Trial Term, New York County.

December 31, 1981

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Michael Ferguson of counsel), for plaintiff. Harvey Fishbein for defendant.

BENJAMIN ALTMAN, J.

Should a felony conviction be voided because the sentencing court in 1970 did not make a youthful offender finding?

The People move, pursuant to CPL 400.15 and 400.16 and sections 70.02, 70.04 and 70.08 of the Penal Law requesting that Gooding be sentenced as a persistent violent felony offender.

The People say that the defendant had been convicted once in 1970, twice in 1975, and the last time in 1981. The defendant...

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