Appellate Division of the Supreme Court of New York, 1977

People v. Orr

People v. Orr
Appellate Division of the Supreme Court of New York · Decided April 11, 1977
57 A.D.2d 578; 393 N.Y.S.2d 580; 1977 N.Y. App. Div. LEXIS 11556
People v. Orr

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 1, 1976, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The tolling provision for periods of incarceration contained in section 70.06 of the Penal Law constitutes a rational exercise of legislative judgment. A prior felon can properly be required to demonstrate that he can function in society in a law-abiding manner for a 10-year period in order to avoid being sentenced as a recidivist. We find no merit in defendant’s other contentions. Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.

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