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Matter of Manuel

Appellate Division of the Supreme Court of New York, First Department
May 30, 1996
227 A.D.2d 355 (N.Y. App. Div. 1996)

Opinion

May 30, 1996

Appeal from the Family Court, Bronx County (Stewart Weinstein, J.).


We agree with Family Court that for purposes of the designated felony act adjudication (Family Ct Act § 301.2 [vi]), it is irrelevant that the two prior findings of prior felonies were combined into a single order of disposition ( see, Besharov, 1985 Supp Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 301.2, 1996 Fam. Ct. Act Pocket Part, at 75-76). We also reject appellant's argument that a designated felony act adjudication is analogous to Penal Law § 70.10 (1) (c) and to other Penal Law recidivist statutes requiring imposition of sentence on a prior conviction in order for it to qualify as a predicate felony. Again, the plain language of Family Court Act § 301.2 (8) (vi) requires only "two prior findings" of prior felonies, the existence of dispositional orders being irrelevant.

Concur — Sullivan, J.P., Ellerin, Rubin and Tom, JJ.


Summaries of

Matter of Manuel

Appellate Division of the Supreme Court of New York, First Department
May 30, 1996
227 A.D.2d 355 (N.Y. App. Div. 1996)
Case details for

Matter of Manuel

Case Details

Full title:In the Matter of MANUEL R., a Person Alleged to be a Juvenile Delinquent…

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

Date published: May 30, 1996

Citations

227 A.D.2d 355 (N.Y. App. Div. 1996)
642 N.Y.S.2d 902

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