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PEOPLE v. SIMARI

34 A.D.2d 878 (1970)

The People of the State of New York, Respondent, v. Richard John Simari, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 14, 1970

Order unanimously affirmed.

Memorandum:

Nowhere in his petition or in his reply affidavit does defendant, sentenced as a third felony offender, make any allegation of an unconstitutional deprivation in connection with a predicate felony conviction. The provisions of section 1943 of the Penal Law, requiring that a defendant be advised of his right to contend a predicate felony conviction was unconstitutionally obtained...

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