People v. Sibila

Defendant moves for a reconsideration of this court’s order, dated October 25, 1974, which declared the defendant to be a prior felony offender, and upon such reconsideration, for an order that the defendant’s prior conviction is not a predicate felony within the meaning of section 70.06 of the Penal Law.

The defendant asserts a two-prong argument:(1) Section 70.06 of the Penal Law violates the provisions of the New York State Constitution against the delegation of legislative authority and incorporation of other statutes by reference, and the guarantee of both the New York State and United…