People v. Wright

— Judgment, Supreme Court, New York County, rendered September 4, 1974, affirmed. The facts are fairly stated in the dissent. We part company on the issue of constitutionality of section 70.06 (subd 1, par [b], cl [i]) of the Penal Law insofar as that section (as it read at the time of judgment) permitted use, as a predicate conviction for second offender sentencing purposes, of earlier conviction of "felony, or in any other jurisdiction of an offense for which * * * imprisonment in excess of one year * * * was authorized”. Our dissenting brother reasons that the statute is unconstitutional…