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PEOPLE v. DAVIS

133 Misc.2d 606 (1986)

The People of the State of New York, Plaintiff, v. Pierre Davis, Defendant.

Supreme Court, Trial Term, New York County.

September 26, 1986

Attorney(s) appearing for the Case

Andrew Robinson for defendant. Robert M. Morgenthau, District Attorney (Alan Buonpastore of counsel), for plaintiff.

NORMAN C. RYP, J.

A. ISSUE

Whether omission of an essential element (force) of a felony (robbery in the second degree — Penal Law § 160.10) by defendant, represented by counsel, and the court during the factual allocution of a guilty plea to a prior felony conviction is legally sufficient as the constitutional basis for a predicate felony sentence? An issue of first<...

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