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PEOPLE v. RIVERA

123 A.D.2d 455 (1986)

The People of the State of New York, Respondent, v. Angel Rivera, Appellant

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

September 29, 1986

Judgment affirmed.

A review of the record establishes that the defendant failed to meet his burden of proving that his 1975 felony conviction was unconstitutionally obtained (see, CPL 400.21 [7] [b]; People v Harris, 61 N.Y.2d 9). Accordingly, the defendant was properly adjudicated a second felony offender.

Claims of error in the prosecutor's summation, to the extent that they have been preserved for appellate...

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