People ex rel. Newcombe v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Newcombe v. La Vallee

33 A.D.2d 946, 306 N.Y.S.2d 874, 1970 N.Y. App. Div. LEXIS 5682

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

DecidedJanuary 22, 1970

StatusPublished

This text of 33 A.D.2d 946 (People ex rel. Newcombe v. La Vallee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Newcombe v. La Vallee, 33 A.D.2d 946, 306 N.Y.S.2d 874, 1970 N.Y. App. Div. LEXIS 5682 (N.Y. Ct. App. 1970).

Pincite

Opinion

Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, dismissing appellant’s writ of habeas corpus, after a hearing. Appellant urges here that since he received a suspended sentence on his first felony conviction in 1963, this conviction could not constitute a lawful predicate for second felony treatment on his subsequent felony conviction in 1964. We cannot agree. In People v. Shaw (1 N Y 2d 30), the Court of Appeals noted that section 470-b of the Code of Criminal Procedure and section 1941 of the Penal Law, when read together, make it clear that a prior conviction and suspended sentence properly form the basis for treating a subsequently convicted felon as a second offender (see, People v. Weinberger, 21 A D 2d 353, affd. 15 N Y 2d 735). Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, dismissing appellant’s writ of habeas corpus, after a hearing. Appellant urges here that since he received a suspended sentence on his first felony conviction in 1963, this conviction could not constitute a lawful predicate for second felony treatment on his subsequent felony conviction in 1964. We cannot agree. In People v. Shaw (1 N Y 2d 30), the Court of Appeals noted that section 470-b of the Code of Criminal Procedure and section 1941 of the Penal Law, when read together, make it clear that a prior conviction and suspended sentence properly form the basis for treating a subsequently convicted felon as a second offender (see, People v. Weinberger, 21 A D 2d 353, affd. 15 N Y 2d 735). Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

33 A.D.2d 946, 306 N.Y.S.2d 874, 1970 N.Y. App. Div. LEXIS 5682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-newcombe-v-la-vallee-nyappdiv-1970.