People v. Sostre — 34 N.Y.2d 768

Majority

p. 768

The People of the State of New York, Respondent, v. Martin Sostre, Appellant.

Argued March 26, 1974;

decided June 6, 1974.

p. 769

James G. Mauro, Jr. and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Sheri Struhl Feldman of counsel), for respondent.

p. 770

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.