Legal Opinion
People v. Augle
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1982PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
Following his bargained plea to attempted rape in the first degree, a class C felony, defendant was sentenced on February 25, 1981, as a predicate felon, to an indeterminate term of IVz to 15 years. Prior to the imposition of sentence, defense counsel controverted the special information submitted by the prosecution which charged a prior felony offense and excepted to the sentencing of defendant as a second felony offender.
Section 70.06 (subd 1, par [b], cl [i]) of the New York Penal Law relevantly provides that the predicate conviction “must have been * * * in…
2Cases cited5 opinions
- People v. OlahNew York Court of Appeals · 1949
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1981
- People v. Le GrandAppellate Division of the Supreme Court of the State of New York · 1981
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1979
- People v. DordalAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by9 opinions
- People v. GillAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BurgosAppellate Division of the Supreme Court of the State of New York · 1983
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1991
- People v. AschAppellate Division of the Supreme Court of the State of New York · 1985
- People v. PinellaNew York Supreme Court · 1987
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