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PEOPLE v. ROBINSON

38 A.D.2d 821 (1972)

The People of the State of New York, Respondent, v. Robert Robinson, Jr., Appellant

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

February 28, 1972

Defendant's claim, similarly asserted on the prior appeal (36 A.D.2d 1024), that he was not advised of his right to challenge the constitutionality of his prior 1954 conviction, is frivolous. The minutes taken on his resentencing fully disclose he was apprised and was told to follow the procedure outlined in People v. Cornish (21 A.D.2d 280). We are in accord with the dissent herein that on the prior appeal we did not pass on the...

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