People v. Bell

After pleading guilty to a felony before this court, the defendant, through his attorney, moves for an order "declaring that the defendant cannot be sentenced as a second felony offender pursuant to Penal Law § 70.06” because the alleged prior felony conviction was not a conviction in that pursuant to section 948.01 of the Florida Statutes Annotated that court there specifically "withheld the adjudication of guilt and imposition of sentence” and placed the defendant on probation.

The People contend that: (1) it is the acknowledgment of guilt by the defendant rather than the court determination *1022…