Opinion

People v. Brown

  • 54 A.D.2d 585
  • 387 N.Y.S.2d 158
  • 1976 N.Y. App. Div. LEXIS 13944
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Sep 27, 1976
Status
Published
Cited by
8 cases
Authority
More cited than 95.7%

The opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 8, 1975, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence in accordance with section 70.06 (subd 3, par [cj; subd 4) of the Penal Law. Judgment affirmed. Appellant’s claim that the statute violates his right to equal protection of the law in that it treats second felony offenders more harshly than it does first-time felons is without merit. The constitutionality of second offender provisions has long been established (see People v Wilson, 13 NY2d 277 , app dsmd 377 US 925 ; People v Gowasky, 244 NY 451 ). Latham, Acting P. J., Margett, Rabin, Titone and Hawkins, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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