People v. Gianni

George M. Fanelli, District Attorney (Frederick E. Weeks, Jr., of counsel), for plaintiff. Robert Gianni, defendant in person. or suspension of execution of the whole or a part of the judgment after sentence" shall be regarded as, and is, a conviction. Upon occasion, our courts have interpreted the word "conviction" to mean only an adjudication of guilt, whether by plea, finding or verdict; on other occasions, our courts have held that this word may mean and embrace not only the adjudication of guilt, but also the judgment or sentence. In the opinion of this court, a proper interpretation of section 470-b of the Code of Criminal Procedure and section 1941 of the Penal Law, requires a holding that the Legislature intended that a plea of guilty shall constitute a conviction for the purpose of adjudicating a defendant as a second felony offender. (Matter of Weinrib v. Beier, 294 N.Y. 628; Matter of Lewis v. Carter, 220 N.Y. 8; People v. Bloom, 276 App. Div. 1101; People ex rel. Mucciolo v. Snyder, 269 App. Div. 985, affd. 295 N.Y. 866.) A similar holding to the one here made is found in the dictum contained in People ex rel. Bistany v. Brophy (173 Misc. 572, 575.) Accordingly, the petitioner's application is denied. The District Attorney is requested to present an order for signature and when signed, to send to the petitioner herein a copy thereof with notice of entry indorsed thereon.