Legal Opinion

People v. Brown

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

Decided September 27, 1976PublishedCited by 8 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 8, 1975, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence in accordance with section 70.06 (subd 3, par [cj; subd 4) of the Penal Law. Judgment affirmed. Appellant’s claim that the statute violates his right to equal protection of the law in that it treats second felony offenders more harshly than it does first-time felons is without merit. The constitutionality of second offender provisions has long been established (see People v Wilson, 13 NY2d 277, app dsmd…

2Cases cited3 opinions

  1. People v. GowaskyNew York Court of Appeals · 1927
  2. People v. WilsonNew York Court of Appeals · 1963
  3. Wilson v. New YorkSupreme Court of the United States · 1964

3Cited by8 opinions

  1. People v. OwensAppellate Division of the Supreme Court of the State of New York · 1977
  2. People v. SaxburyAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. KennedyNew York Supreme Court · 1985
  4. People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 1976

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