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PEOPLE v. TAVARE

117 A.D.2d 829 (1986)

The People of the State of New York, Respondent, v. Miguel Tavare, Appellant

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

February 24, 1986

Judgment affirmed.

The defendant's guilt was proven beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620, 621). The defendant's contention that his first felony conviction cannot serve as the basis for sentencing him as a second felony offender because he was not advised, prior to the plea resulting in the original felony conviction, that he would thereafter be subject to enhanced punishment, is without merit...

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