¶1The record, herein, reveals that at both sentencing and resentencing appellant was not advised of his right under section 1943 of the Penal Law to a jury trial on the issue of whether he was the person named in the information as having -been convicted of a prior felony. Further on resentencing it does not appear that the court asked the appellant if he was the person mentioned in the information. Judgment of conviction reversed, on the law, and the case remanded to the Tompkins County Court for compliance with section 1943 of the Penal Law. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.
20 A.D.2d 588
People v. Rush
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1963
Appellate Division of the Supreme Court of the State of New York · decided 1963-12-19
Cited by 1 later decisions — most recently July 1987
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1963-12-19
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