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PEOPLE v. PACHECO

114 A.D.2d 913 (1985)

The People of the State of New York, Respondent, v. Carlos Pacheco, Appellant

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

November 12, 1985

Sentences affirmed.

Defendant failed to meet his burden of proving that his predicate felony conviction was unconstitutionally obtained (see, CPL 400.21 [7] [b]; People v Harris, 61 N.Y.2d 9, 15). To the contrary, it appears that defendant's prior guilty plea was knowingly and voluntarily made, upon the advice of competent counsel whose efforts on defendant's behalf had resulted in a rational plea bargain from which...

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