People v. Bernstein

This is an application for a certificate of reasonable doubt. The defendant was convicted of two counts of the crime of obscene prints (movie film) under section 1141 of the Penal Law. He was sentenced to the New *270York City Penitentiary for an indefinite term with a recommendation that he be confined for at least six months on both counts to run concurrently.

It appears without dispute that the imposition of the sentence in this case was predicated upon the fact that the defendant had twice previously been convicted of the same crime, thereby making him a third offender. In such case, section…