Lanza v. State of New York

In Lanza v. State of New York, 130 AD2d 872, 873, 515 N.Y.S.2d 928 [3d Dept 1987], claimant appended evidence that he had been convicted of a class A-II felony, but failed to attach to his claim specific proof that he had served a sentence of incarceration. The Lanza Court took judicial notice of the fact that for a class A-II felony, imprisonment is mandatory (Penal Law 70.00[3], 220.41) and the convicted party is not entitled to bail pending appeal (CPL 530.50). Therefore, the Court found that the statute does "not require any particular type of documentary evidence," and that mere evidence of defendant's conviction was sufficient to show that he had served time in prison thereon (Lanza, 130 AD2d at 873).