[Download] "People State New York v. Larry G. Butler" by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Larry G. Butler
• Author : Supreme Court of New York
• Release Date : January 09, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The appellant, Larry G. Butler, attacks the constitutionality of this States recently enacted second felony offender statute (Penal Law, § 70.06). Appellant was originally indicted on two counts of burglary in the third degree and two counts of grand larceny in the third degree. On December 17, 1973 appellant pleaded guilty in Oneida County Court to one count of burglary in the third degree in full satisfaction of all the counts in the indictment. Thereafter, and prior to sentencing, the District Attorneys office filed a statement pursuant to the CPL 400.21 (subd. 2) alleging that appellant had been convicted of a prior burglary third degree, a felony, on September 3, 1973. At a preliminary hearing held with respect to the validity of these allegations, the appellant conceded the validity of the prior felony conviction and raised objection to the constitutionality of the statute itself. He was sentenced pursuant to section 70.06 of the Penal Law as a second felony offender to an indeterminate term with a minimum of two and a maximum of four years.

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