PEOPLE v. LOUREE


8 N.Y.3d 541 (2007)

869 N.E.2d 18

838 N.Y.S.2d 18

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELL LOUREE, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 2007.


Attorney(s) appearing for the Case

Appellate Advocates, New York City (Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and JONES concur with Judge READ; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.


OPINION OF THE COURT

READ, J.

Defendant Cornell Louree was indicted for criminal possession of a weapon in the third degree (Penal Law § 265.02), and criminal possession of a weapon in the fourth degree (Penal Law § 265.01). On September 18, 2003, he pleaded guilty to attempted criminal possession of a weapon in the third degree in exchange for a one-year prison sentence, or two years if a prior conviction in Connecticut qualified as a predicate...

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