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People v. Lewis

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1966
25 A.D.2d 768 (N.Y. App. Div. 1966)

Opinion

April 11, 1966


In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered January 29, 1964, which denied without a hearing his application to vacate a judgment of said court, rendered September 18, 1962, convicting him of attempted robbery in the third degree, unarmed, upon his plea of guilty, and imposing sentence upon him as a second felony offender. Order affirmed. In our opinion, defendant was properly sentenced as a second felony offender. The Pennsylvania conviction upon which his second felony status was predicated was for a crime which would have been a felony if committed in New York (cf. Penal Law, § 1296, subd. 2). Beldock P.J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1966
25 A.D.2d 768 (N.Y. App. Div. 1966)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK TILLMAN LEWIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 1966

Citations

25 A.D.2d 768 (N.Y. App. Div. 1966)