People v. Hunter

Motion for resentence as a first felony offender. In March of 1946 the defendant received a suspended sentence upon conviction of a felony. In 1950 he was again convicted of a felony. An information was filed by the District Attorney (Penal Law, § 1943) and defendant was thereupon adjudged a second felony offender and sentenced *1033accordingly. His contention is that he was, in law, a first felony offender because his prior conviction resulted in a suspended sentence and a conviction followed by a suspended sentence is not a basis for second offender adjudication. He petitions this court to…