User:Dark0805/School

People v. Moran, Defendant

[NO NUMBER IN ORIGINAL]

Supreme Court of New York, Criminal Term, Kings County

110 Misc. 2d 858; 443 N.Y.S.2d 119; 1981 N.Y. Misc. LEXIS 3175

September 16, 1981

Prosecution filed a motion to determine whether or not a defendant was to be classified as a persistent felony offender. The defendant had been made to understand that he would not be classified/sentenced as one when he plead guilty to 3 separate felonies.

The court postulated that of the defendant's two prior felony convictions, one was not applicable as as a felony for a persisent felony offender sentence. This was because the crime's sentence, an indeterminate 1 year, technically made downgraded the felony to a misdemeanor(one year in prison being required for the crime to be a felony). As such, the defendant couldnt be a persistent felony offender.

Was the crime applicable as a felony or was it not?

No, it was not.

The court found that crime was originally a felony in its inception and carrying out, but became a misdemeanor when the sentence was handed down. The prosecution's motion was struck down.