Opinion
Argued March 26, 1974
Decided June 6, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL A. SPIEGEL, J.
James G. Mauro, Jr. and William E. Hellerstein for appellant.
Mario Merola, District Attorney ( Sheri Struhl Feldman of counsel), for respondent.
Order affirmed in the following memorandum: Even if we were to assume that the defendant's plea of guilty was entered after having been told he would be given a suspended sentence, his plea, nevertheless, was to a felony. After conviction for a subsequently committed felony, he could, therefore, be sentenced as a second-felony offender.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.