People v. Gennaro

Upon the facts defendant is not a second offender and the trial court was without authority to sentence him as such. Section 1941 of the Penal Law provides that a person who, after having been once convicted under the laws of any government of a crime which, if committed within this State, would be a felony, commits any felony within this State, is punishable as a second offender. In this case the crime with which defendant was charged in the Federal indictment and the crime of which he was convicted in the United States District Court *540for the Southern District of New York, did not and does…