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PEOPLE v. FIELHAUER

125 A.D.2d 985 (1986)

The People of the State of New York, Respondent, v. Michael Fielhauer, Appellant

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

December 19, 1986

Judgment unanimously affirmed.

Memorandum:

Having failed before the sentencing court to controvert the second felony offender statement on the ground that the prior conviction was unconstitutionally obtained, defendant is precluded from raising that issue on appeal (see, CPL 400.21 [7] [b]; People v Mumit, 106 A.D.2d 411

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