Opinion
April 17, 1950.
Appeal from County Court, Westchester County.
Order affirmed. On March 23, 1937, defendant pleaded guilty to the crime of forgery in the second degree. An information was then filed against him charging him with being a second offender in that he had been convicted in Massachusetts in 1919 of the crime of forgery in the second degree. Sentence was thereafter imposed upon defendant, as a second offender, to a term of ten to twenty years. In 1949 defendant moved for resentence as a first offender on the ground that his conviction in Massachusetts did not result in a judgment of conviction. The record in the Massachusetts Superior Court shows that an indictment was found against him, he pleaded guilty, was thereafter placed on probation, and, upon having complied with the conditions of his probation, the indictment was ordered placed on file. These Massachusetts proceedings resulted in a suspension of the imposition of sentence. ( Marks v. Wentworth, 199 Mass. 44; Commonwealth v. Dowdican's Bail, 115 Mass. 133; Cappola v. Platt, 123 Conn. 38, certiorari denied 302 U.S. 726; People ex rel. Forsyth v. Court of Sessions, 141 N.Y. 288, 293.) For purposes of section 470-b of the Code of Criminal Procedure, it is sufficient that there be a plea of guilty in a foreign State to a crime which would be a felony in this State, followed by suspension of the imposition of sentence. ( People v. Wengorra, 256 App. Div. 508; cf. People v. Daiboch, 265 N.Y. 125.) Carswell, Johnston, Wenzel and MacCrate, JJ., concur; Nolan, P. J., not voting.