Ordered that the judgment is affirmed and the case is remitted to the County Court, Dutchess County, for further proceedings pursuant to CPL 460.50 (5).
We reject the defendant's contention that his prior conviction of the felony of driving while intoxicated could not properly serve as the predicate offense upon his adjudication as a second felony offender. Penal Law § 70.06 (1) (a) defines a second felony offender "a person * * * who stands convicted of a felony...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.