People v. Ricchiutti

New York County Courts

People v. Ricchiutti

82 Misc. 2d 399, 370 N.Y.S.2d 337, 1975 N.Y. Misc. LEXIS 2648

DecidedMay 30, 1975

StatusPublished

This text of 82 Misc. 2d 399 (People v. Ricchiutti) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ricchiutti, 82 Misc. 2d 399, 370 N.Y.S.2d 337, 1975 N.Y. Misc. LEXIS 2648 (N.Y. Super. Ct. 1975).

Pincite

Opinion

Richard C. Delin, J.

The defendant is charged with a felony under the Tax Law. He now moves to strike the District Attorney’s statement which alleges that he is a second felony offender. (See Penal Law, § 70.06; CPL 400.21.)

Section 70.06 (subd 1, par [a]) of the Penal Law provides that a second felony offender is "a person who stands convicted of a felony deñned in this chapter” (emphasis supplied). Possession of untaxed cigarettes as a felony is not defined in the Penal Law. Under the established rules of statutory construction and the self-evident language of the statute, the instant offense is not subject to the increased penalties of section 70.06.

[400]*400Accordingly, the defendant’s motion is granted. It is, so ordered.

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Richard C. Delin, J.

The defendant is charged with a felony under the Tax Law. He now moves to strike the District Attorney’s statement which alleges that he is a second felony offender. (See Penal Law, § 70.06; CPL 400.21.)

Section 70.06 (subd 1, par [a]) of the Penal Law provides that a second felony offender is "a person who stands convicted of a felony deñned in this chapter” (emphasis supplied). Possession of untaxed cigarettes as a felony is not defined in the Penal Law. Under the established rules of statutory construction and the self-evident language of the statute, the instant offense is not subject to the increased penalties of section 70.06.

[400]*400Accordingly, the defendant’s motion is granted. It is, so ordered.

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Bluebook (online)

82 Misc. 2d 399, 370 N.Y.S.2d 337, 1975 N.Y. Misc. LEXIS 2648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ricchiutti-nycountyct-1975.