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People v. Caracelli

309 N.Y. 853 Court N.Y. Decision date 1955-11-17 English

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p. 853
The People of the State of New York, Respondent, v. William D. Caracelli, Appellant.
Submitted October 5, 1955;
decided November 17, 1955.
p. 854
William D. Caracelli, appellant in person.
T. Vincent Quinn, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Orders reversed, with the direction that appellant be returned to the County Court, Queens. County, to be resentenced as a first offender, upon the ground that it does not sufficiently appear that the crime to which appellant pleaded guilty in New Jersey would have been a felony if committed in this State. No opinion.

• Concur: Conway, Ch. J., Desmond, Dye, Fund, Fboessel, Van Voobhis and Bueke, JJ.