The People of the State of New York, Appellant and Respondent v. Abraham M. Daiboch, Respondent and Appellant

Summary

The Court affirmed the resentencing of the defendant as a second offender under New York Penal Law, holding that a prior non vult (nolo contendere) plea in New Jersey constitutes a conviction for sentencing purposes and that a guilty plea cannot be withdrawn after sentencing. The Court reversed the Appellate Division's reversal and upheld the General Sessions judgment.