PEOPLE v. COOPER


78 N.Y.2d 476 (1991)

The People of the State of New York, Respondent, v. Timothy B. Cooper, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1991.


Attorney(s) appearing for the Case

Michael J. Hutter, Jr., for appellant.

Michael A. West for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

When a defendant's prior conviction raises the grade of an offense, and thus becomes an element of the higher grade offense, the Criminal Procedure Law — reflecting a concern for potential prejudice and unfairness to the defendant in putting earlier convictions before the jury — specifies a procedure for alleging and proving the prior convictions (CPL 200.60). This appeal requires us to...

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