People v. Kelly

The validity of the second felony sentence inflicted on defendant, is made the object of legal attack in this motion.

Put forth as the controversial argument in support of this move, is the alleged impropriety of using a prior judgment of conviction of a sister State for the groundwork of the multiple sentence, here, when, ¡according to defendant’s contention, it did not measure up to the specification required by section 1941 of the Penal Law.

For preliminary concern to this primary issue and by way of comparison with the present motion, it is important to take into consideration at this time…