PEOPLE v. DIPPOLITO


88 A.D.2d 211 (1982)

The People of the State of New York, Respondent, v. Salvatore Dippolito, Appellant

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

July 26, 1982


Attorney(s) appearing for the Case

Washor & Washor (Michael Washor and Barry Washor of counsel), for appellant.

Thomas R. Sullivan, District Attorney (George E. McVay and Anthony L. Galante of counsel), for respondent.

MOLLEN, P. J., GULOTTA and BROWN, JJ., concur.


NIEHOFF, J.

The issue on these appeals is whether the sentencing court properly used the defendant's 1972 California burglary conviction as a predicate offense for second felony offender treatment in light of the fact that at the time of his sentencing in this State said burglary conviction was denominated a misdemeanor under California law. We hold that it did.

By two separate indictments defendant was charged with the crimes of robbery in the...

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