¶1Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 1, 1976, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The tolling provision for periods of incarceration contained in section 70.06 of the Penal Law constitutes a rational exercise of legislative judgment. A prior felon can properly be required to demonstrate that he can function in society in a law-abiding manner for a 10-year period in order to avoid being sentenced as a recidivist. We find no merit in defendant’s other contentions. Cohalan, Acting P. J., Hawkins, Suozzi and Mollen, JJ., concur.
57 A.D.2d 578
People v. Orr
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1977
Appellate Division of the Supreme Court of the State of New York · decided 1977-04-11
Cited by 1 later decisions — most recently August 1994
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1977-04-11
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