PEOPLE v. REYES


134 Misc.2d 14 (1986)

The People of the State of New York, Plaintiff, v. Hector Reyes, Defendant.

Supreme Court, Bronx County.

December 10, 1986


Attorney(s) appearing for the Case

Robert Gardner for defendant. Mario Merola, District Attorney (Linda Venezia of counsel), for plaintiff.


RICHARD LEE PRICE, J.

The question presented in this case is whether a seemingly unintended omission by the State Legislature exempts a defendant from the imposition of an enhanced sentence as a second crime offender, irrespective of his prior criminal record.

The defendant was indicted for burglary in the first and second degrees and assault in the second degree (Penal Law § 140.30 [2]; §...

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