Summary
In People v Orr (57 A.D.2d 578) this argument was dismissed on the ground that the tolling provisions constitute a rational exercise of legislative judgment in that a prior felon can properly be required to demonstrate his ability to function in society in a lawful manner for 10 years in order to avoid being sentenced as a recidivist.
Summary of this case from People v. WoodmanOpinion
April 11, 1977
Appeal 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 Penal 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.