People v. Willis
Decision Date | 26 January 1981 |
Citation | 79 A.D.2d 1036,435 N.Y.S.2d 38 |
Parties | The PEOPLE, etc., Respondent, v. Alden WILLIS, Appellant. |
Court | New York Supreme Court — Appellate Division |
Robert N. Isseks, Middletown, for appellant.
John R. King, Dist. Atty., Poughkeepsie (Bridget R. Rahilly, Asst. Dist. Atty., Poughkeepsie, of counsel), for respondent.
Before MOLLEN, P. J., and HOPKINS, TITONE and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Dutchess County, rendered December 21, 1976, convicting him of criminal possession of a controlled substance in the fifth and sixth degrees, upon a jury verdict, and imposing sentence as a second felony offender. The defendant further purports to appeal from an order of the same court, dated December 23, 1977, which denied his motion pursuant to CPL 440.20 to set aside his sentence. We deem the defendant's brief to include a motion to reargue a previous order of this court, dated May 9, 1978, which denied his application for leave to appeal from the order of December 23, 1977.
Judgment affirmed. No opinion.
Motion for reargument granted and, upon reargument, order dated May 9, 1978 vacated and leave to appeal from the order of December 23, 1977, is granted by Presiding Justice MOLLEN.
Order reversed, on the law, motion granted, defendant's sentence vacated, and case remitted to the County Court for resentencing consistent herewith.
Upon his conviction for criminal possession of a controlled substance in the fifth and sixth degrees, the defendant was adjudged a second felony offender and was sentenced accordingly. His second felony offender status was predicated upon a criminal prosecution in Texas. In that case, the defendant pleaded guilty to a charge of possession of marihuana. Instead of imposing a term of imprisonment, however, the court suspended sentence and placed the defendant on probation pursuant to article 42.12 (subd. (B), § 3) of the Texas Code of Criminal Procedure. That statute provides:
Subsequent to the imposition of sentence in the case at bar, the defendant successfully applied to the Texas courts for relief pursuant to article 42.12 (subd. (B), § 7) of the Texas Code, which provides:
...
To continue reading
Request your trial-
Hoffman v. State
... ... 424, 425-26 (S.D.Tex.1993) (United States required to recognize Governor of Oklahoma's pardon of defendant's prior Oklahoma conviction); People v. Willis, 79 ... Page 667 ... A.D.2d 1036, 435 N.Y.S.2d 38, 39 (1981) (New York would not consider a Texas felony conviction for enhancement ... ...
-
State v. Edmondson
...a California conviction for burglary that would be felony in New York but was misdemeanor in California). But cf. People v. Willis, 79 A.D.2d 1036, 435 N.Y.S.2d 38 (1981) (without reference to Full Faith and Credit Clause, New York court refuses to use for habitual-offender sentencing a Tex......