PEOPLE v. AUGLE


87 A.D.2d 348 (1982)

The People of the State of New York, Respondent, v. Carl Augle, Appellant

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

June 24, 1982


Attorney(s) appearing for the Case

Douglas P. Rutnik (Shawn D. Flaherty of counsel), for appellant.

Sol Greenberg, District Attorney (Ilene R. Bergman of counsel), for respondent.

SWEENEY, J. P., KANE, WEISS and LEVINE, JJ., concur.


CASEY, J.

Following his bargained plea to attempted rape in the first degree, a class C felony, defendant was sentenced on February 25, 1981, as a predicate felon, to an indeterminate term of 7½ to 15 years. Prior to the imposition of sentence, defense counsel controverted the special information submitted by the prosecution which charged a prior felony offense and excepted to the sentencing of defendant as a second felony offender.

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