Opinion
February 18, 1971
Appeal from the Oneida County Court.
Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Cardamone, JJ.
Judgment unanimously reversed on the law and case remitted to Oneida County Court for rearraignment and repleading. Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of the crime of robbery in the third degree. The trial court failed to comply with the provisions of section 335-c of the Code of Criminal Procedure. Robbery in the third degree is a class D felony (Penal Law, § 160.05). A person who has been previously convicted of two or more felonies may be found by the court to be a persistent felony offender and be sentenced to a maximum term authorized for a class A felony which is life imprisonment (Penal Law, § 70.10). The offense of which defendant was convicted is one for which additional punishment is authorized by reason of previous felony convictions; consequently, compliance with section 335-c was required. (See People v. Mazzatti, 33 A.D.2d 1095.)