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People v. Dunlap

229 N.E.2d 449, 20 N.Y.2d 706, 282 N.Y.S.2d 771, 1967 N.Y. LEXIS 1299
CourtNew York Court of Appeals
DecidedJuly 7, 1967
StatusPublished

This text of 229 N.E.2d 449 (People v. Dunlap) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Dunlap, 229 N.E.2d 449, 20 N.Y.2d 706, 282 N.Y.S.2d 771, 1967 N.Y. LEXIS 1299 (N.Y. 1967).

Opinion

Order reversed with the direction that appellant be returned to the County Court, Nassau County, to be resentenced as a first offender. The record fails to show that defendant’s plea of guilty in 1956 to all counts in the seven North Carolina informations specifically encompassed acts constituting one or more felonies in New York. Therefore, his conviction may not be the basis for multiple offender treatment (Penal Law, § 1941; People ex rel. Goldman v. Denno, 9 N Y 2d 138; People v. Caracelli, 309 N. Y. 853; People v. Olah, 300 N. Y. 96; People v. Grygier, 18 A D 2d 1108).

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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Related

People v. Olah
89 N.E.2d 329 (New York Court of Appeals, 1949)
People v. Caracelli
130 N.E.2d 908 (New York Court of Appeals, 1955)

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Bluebook (online)
229 N.E.2d 449, 20 N.Y.2d 706, 282 N.Y.S.2d 771, 1967 N.Y. LEXIS 1299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunlap-ny-1967.