People v. Jones

Chief Judge Desmond.

In July, 1963 defendant-respondent, after conviction of robbery, third degree, in Westchester County, was charged as a second felony offender and was sentenced as such on a showing that he had earlier been convicted of grand larceny, second degree, in 1952 in Queens County. Effective April 10, 1964, section 1943 of the Penal Law was amended in such manner as to provide in effect that a previous conviction in this or any other State shall not be utilized as a predicate for multiple offender treatment if the earlier conviction was obtained in violation of the United States…