People v. Mazzatti

Appellate Division of the Supreme Court of New York

People v. Mazzatti

33 A.D.2d 1095, 308 N.Y.S.2d 102, 1970 N.Y. App. Div. LEXIS 5548

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

DecidedFebruary 12, 1970

StatusPublished

This text of 33 A.D.2d 1095 (People v. Mazzatti) 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 v. Mazzatti, 33 A.D.2d 1095, 308 N.Y.S.2d 102, 1970 N.Y. App. Div. LEXIS 5548 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment unanimously reversed on the law and case remitted to Oneida County Court for rearraignment and repleading. Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of the crime of second degree robbery. The trial court failed to comply with the provisions of section 335-e of the Code of Criminal Procedure, which requires that where a defendant pleads guilty of an offense for which additional punishment may be imposed by reason of previous felony convictions the defendant must be informed that he may be subject to additional punishment if he has been previously convicted thereof. Robbery in the second degree is a class C felony (Penal Law, § 160.10) punishable by a maximum term of not to exceed 15 years (Penal Law, § 70.00, subd. 2, par. [c]). A person who has been previously convicted of two or more felonies may be found by the court to be a persistent felony offender and sentenced to a maximum term authorized for a class A felony which is life imprisonment (Penal Law, §§ 70.10, 70.00, subd. 2, par. [a]). The offense of which defendant was convicted is one for which additional punishment is authorized by reason of previous felony convictions. Compliance with section 335-e was required. (Appeal from judgment of Oneida County Court convicting defendant of robbery, second degree.) Present — Del Yecehio, J. P., Marsh, Moule, Bastow and Henry, JJ.

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Judgment unanimously reversed on the law and case remitted to Oneida County Court for rearraignment and repleading. Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of the crime of second degree robbery. The trial court failed to comply with the provisions of section 335-e of the Code of Criminal Procedure, which requires that where a defendant pleads guilty of an offense for which additional punishment may be imposed by reason of previous felony convictions the defendant must be informed that he may be subject to additional punishment if he has been previously convicted thereof. Robbery in the second degree is a class C felony (Penal Law, § 160.10) punishable by a maximum term of not to exceed 15 years (Penal Law, § 70.00, subd. 2, par. [c]). A person who has been previously convicted of two or more felonies may be found by the court to be a persistent felony offender and sentenced to a maximum term authorized for a class A felony which is life imprisonment (Penal Law, §§ 70.10, 70.00, subd. 2, par. [a]). The offense of which defendant was convicted is one for which additional punishment is authorized by reason of previous felony convictions. Compliance with section 335-e was required. (Appeal from judgment of Oneida County Court convicting defendant of robbery, second degree.) Present — Del Yecehio, J. P., Marsh, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 1095, 308 N.Y.S.2d 102, 1970 N.Y. App. Div. LEXIS 5548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mazzatti-nyappdiv-1970.