PEOPLE v. HARRIS


61 N.Y.2d 9 (1983)

The People of the State of New York, Respondent, v. Lenny Harris, Appellant. The People of the State of New York, Respondent, v. Carl Lewis, Appellant. The People of the State of New York, Respondent, v. William Ramsey, Appellant. The People of the State of New York, Appellant, v. Hermino Vargas, Respondent. The People of the State of New York, Appellant, v. Miguel Alicea, Respondent. The People of the State of New York, Respondent, v. Angelo Burgo, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1983.


Attorney(s) appearing for the Case

David P. Greenberg, Donald W. Searles and William E. Hellerstein for appellant in the first above-entitled case.

David P. Greenberg and William F. Hellerstein for appellants in the second and third above-entitled cases.

Robert M. Morgenthau, District Attorney (Mark Dwyer, Robert Pitler and Curtis E. Hall of counsel), for respondent in the first, second and third above-entitled cases.

Mario Merola, District Attorney (Anthony R. Dellicarri and Billie Manning of counsel), for appellant in the fourth above-entitled case.

Elizabeth Holtzman, District Attorney (Rebecca J. Clement, Barbara D. Underwood and Michael J. Halberstam of counsel), for appellant in the fifth above-entitled case.

Karen Goldstein and William E. Hellerstein for respondents in the fourth and fifth above-entitled cases.

Andrew C. Fine and William E. Hellerstein for appellant in the sixth above-entitled case.

Robert M. Morgenthau, District Attorney (Mark Dwyer and Vija Kemanis of counsel), for respondent in the sixth above-entitled case.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


JASEN, J.

The critical issue common to these six appeals is whether a prior felony conviction, based upon a guilty plea which was entered without the defendant having been advised by the court of the specific constitutional rights being waived by that plea, may constitute a predicate felony for the purpose of sentencing the defendant as a second felony offender. In each case, the People have sought an increased...

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