People v. Miceli

Defendant, Santo Pedro Miceli, has herein pleaded guilty to a felony, to wit, robbery in the second degree. An information charging a previous felony conviction, to wit, robbery in the second degree, was filed pursuant to law. On this information, the defendant,, admitting his identity, moves to dismiss the information, asserting that he is not a second offender within the meaning of section 1941 of the Penal Law.

“ § 1941. Punishment for second or third offense of felony. A person, who, after having been once or twice convicted within this state, of a felony, of an attempt to commit a felony,…