PEOPLE v. GREEN


114 Misc.2d 339 (1982)

The People of the State of New York, Plaintiff, v. Larry Green, Defendant.

Supreme Court, New York County.

June 15, 1982


Attorney(s) appearing for the Case

Caesar Cirigliano and Joseph A. Suraci for defendant. Robert M. Morgenthau, District Attorney (Margaret Finerty, of counsel), for plaintiff.


IRVING LANG, J.

Defendant's constitutional challenge to the People's predicate felony offender information raises the unique issue of whether a felony sentence in South Carolina which includes a "banishment" requirement can be utilized for increased punishment under section 70.06 of the Penal Law or cannot be utilized as unconstitutionally obtained within the meaning of CPL 400.21 (subd 7, par [b]).

FACTS

In 1981 Larry Green was indicted...

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