Legal Opinion
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987PublishedCited by 3 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant was sentenced as a second felony offender on the basis of a prior conviction for burglary in the third degree in the State of Florida. He contends for the first time on appeal that the sentence is improper because the Florida conviction may not be a predicate felony conviction as defined by statute in New York (Penal Law § 70.06). At the time of sentencing, defendant acknowledged receipt of the formal CPL 400.21 statement notifying him that it appeared by virtue of the Florida burglary conviction that he was a second felony offender.…
2Cases cited8 opinions
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
- People ex rel. Ryan v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BoveAppellate Division of the Supreme Court of the State of New York · 1979
- People v. HewittAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. SullivanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GessnerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1995