PEOPLE v. PETERS


111 A.D.2d 943 (1985)

The People of the State of New York, Respondent, v. Frederick E. Peters, Appellant

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

June 6, 1985


Harvey, J.

As a result of a plea bargain, defendant pleaded guilty to the first count of a two-count indictment with the understanding that he would be sentenced as a second felony offender to an indeterminate prison term of 1½ to 3 years.

The only issue raised on this appeal is defendant's challenge to the constitutionality of the second felony offender provision contained in Penal Law § 70.06. Although we note that defendant did not...

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