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People State New York v. Louis J. Mazzatti

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eBook details

  • Title: People State New York v. Louis J. Mazzatti
  • Author : Supreme Court of New York
  • Release Date : January 12, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of the crime of second degree robbery.
The trial court failed to comply with the provisions of section 335-c of the Code of Criminal Procedure, which requires that
where a defendant pleads guilty of an offense for which additional punishment may be imposed by reason of previous felony
convictions the defendant must be informed that he may be subject to additional punishment if he has been previously convicted
thereof. Robbery in the second degree is a class C felony (Penal Law, 160.10) punishable by a maximum term of not to exceed
15 years (Penal Law, 70.00, subd. 2, par. [c]). A person who has been previously convicted of two or more felonies may be
found by the court to be a persistent felony offender and sentenced to a maximum term authorized for a class A felony which
is life imprisonment (Penal Law, 70.10, 70.00, subd. 2, par. [a]). The offense of which defendant was convicted is one
for which additional punishment is authorized by reason of previous felony convictions. Compliance with section 335-c was
required. Disposition Judgment unanimously reversed on the law and case remitted to Oneida County Court for rearraignment and repleading.


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