Legal Opinion

People v. Butler

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1975PublishedCited by 20 opinions

1Opinion of the CourtCardamone, J.

The appellant, Lairry O. Butler, attacks the constitutionality of this State’s recently enacted second felony offender statute (Penal Law, § 70.06). Appellant .was originally indicted on two counts of burglary in the third degree and two counts of grand larceny in the third degree. On December 17, 1973 appellant pleaded guilty in Oneida. County Court to one count of burglary in the third degree in full satisfaction of all the counts in the indictment. Thereafter, and prior to sentencing, the District Attorney’s office filed a statement pursuant to the CPL 400.21 (subd. 2) alleging that…

2Cases cited9 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Griffin v. IllinoisSupreme Court of the United States · 1956
  4. Weems v. United StatesSupreme Court of the United States · 1910
  5. Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949

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3Cited by20 opinions

  1. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1975
  2. State v. KramerSupreme Court of Iowa · 1975
  3. People v. DraytonAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. BuckmasterAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. YaleAppellate Division of the Supreme Court of the State of New York · 1975

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