13 A.D.2d 549 | N.Y. App. Div. | 1961
Appeal by defendant, as limited by his brief, from so much of a judgment of the County Court, Kings County, rendered October 16, 1958, convicting him, after a jury trial, of attempted extortion, assault in the first degree, assault in the second degree and carrying a dangerous weapon as a felony, as sentences him, as a third felony offender, to serve a term of 10 to 20 years. On this appeal defendant contends that he should have been sentenced as a second felony offender and not as a third felony offender, on the ground that one of his two prior convictions was in the Federal court for perjury committed in California in violation of Federal statutes, a crime which, if committed in New York, would not be a felony. The District Attorney concedes that defendant should have been sentenced as a second felony offender. Judgment, insofar as appealed from, reversed on the law; sentence vacated;
