PEOPLE EX REL. SANCHEZ v. HOKE


132 A.D.2d 861 (1987)

The People of the State of New York ex rel. Victor Sanchez, Appellant, v. Robert Hoke, as Superintendent of Eastern New York Correctional Facility, Respondent

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

July 23, 1987


Levine, J.

Petitioner is presently incarcerated under a judgment of conviction and sentence as a predicate felony offender. The sole ground for habeas corpus relief alleged in the petition is that petitioner at the time of sentencing was not advised of his right to contest the constitutionality of or otherwise controvert his prior felony conviction. Facts alleged in the petition or set forth in its exhibits establish (1) that a direct appeal from the...

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