New York Court of Appeals, 1974

People v. Sostre

People v. Sostre
New York Court of Appeals · Decided June 6, 1974
34 N.Y.2d 768; 314 N.E.2d 878; 358 N.Y.S.2d 139; 1974 N.Y. LEXIS 1535

People v. Sostre

Opinion of the Court

*770Order affirmed in the following memorandum: Even if we were to assume that the defendant’s plea of guilty was entered after having been told he would be given a suspended sentence, his plea, nevertheless, was to a felony.. After conviction for a subsequently committed felony, he could, therefore, be sentenced as a second-felony offender.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin. Taking no part: Judge Stevens.

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