PEOPLE v. CATALANOTTE


72 N.Y.2d 641 (1988)

The People of the State of New York, Respondent, v. Steven Catalanotte, Also Known as Steven Catalonotte, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1988.


Attorney(s) appearing for the Case

Joseph R. Giaramita, Jr., for appellant.

Elizabeth Holtzman, District Attorney (Darrell B. Fields, Barbara D. Underwood and Shulamit Rosenblum of counsel), for respondent.

Chief Judge WACHTLER and Judges ALEXANDER and BELLACOSA concur with Judge SIMONS; Judge KAYE dissents and votes to reverse in a separate opinion in which Judges TITONE and HANCOCK, JR., concur.


SIMONS, J.

The question presented on this appeal is whether defendant's sentence as a second felony offender may be predicated upon a 1971 conviction which satisfied constitutional standards when obtained and has survived postconviction collateral attack, but was obtained by means which, if the indictment were tried now, would violate defendant's rights under the Sixth Amendment of the United States Constitution...

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