Legal Opinion

People v. Nelson

New York Supreme Court

Decided April 11, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Bernard J. Fried, J.

On January 8, 2003, the defendant, Gary Nelson, pleaded guilty to forgery in the second degree (Penal Law § 170.10), a *643class D felony, in satisfaction of a multicount indictment. As part of his negotiated plea agreement, the defendant was promised a maximum sentence of one-year imprisonment, which was contingent on the fact that he was not a predicate felon.

Following his plea, but prior to sentencing, the People filed a statement, pursuant to CPL 400.21, alleging that the defendant had previously been subjected to a predicate felony conviction, by…

2Cases cited6 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. People v. MunizNew York Court of Appeals · 1989
  3. People v. LoveAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. BehrmanAppellate Division of the Supreme Court of the State of New York · 1988
  5. United States v. Isaac ColemanCourt of Appeals for the Second Circuit · 1999

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