People v. Tesoriero

OPINION OF THE COURT

Anthony Barriero, J.

The issue this court must resolve at this time is whether or not the defendant, Anthony Tesoriero, is a second felony offender, to be sentenced pursuant to section 70.06 of the Penal Law (CPL 400.21).

The facts of the case may be simply stated. On August 11, 1980, a Nassau County Grand Jury indicted the defendant for the crimes of attempted grand larceny in the third degree (class A misdemeanor) and criminal possession of stolen property in the second degree (class E felony). It was alleged that the defendant knowingly possessed a stolen credit card and…