People v. Weinberger

Scileppi, J. (dissenting).

This appeal presents one question: whether a plea of guilty, standing alone (no sentence was imposed), constitutes a “ conviction ” within section 1941 of the Penal Law as applied to second felony offenders. Since we have never ruled on this precise point, it is incumbent on us to weigh considerations of legislative intent arid public policy as we attempt to ferret out the intended meaning and impact of the section. Of course, cases in sister jurisdiction, as well as lower court cases in this State, are not binding on u's, but we should not turn a deaf ear to such…