Legal Opinion · Dissent

People v. Bell

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 1988Published

1DissentSullivan, J.

For purposes of determining whether a prior conviction constitutes a predicate felony, subject to an exception not here applicable, "sentence must have been imposed not more than ten years before commission of the felony of which the defendant presently stands convicted”. (Penal Law § 70.06 [1] [b] [iv].) Having been found guilty of the felony of bribing a witness on or about November 21, 1985, which was less than 10 years since he had been sentenced on his prior felony conviction, defendant was properly sentenced as a second felony offender. Contrary to defendant’s assertion, he was, insofar…

2Cases cited5 opinions

  1. People v. BellNew York Court of Appeals · 1975
  2. People v. BellNew York Court of Appeals · 1979
  3. People v. OrrAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. BellAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. WoodmanNew York Supreme Court · 1978

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