PEOPLE v. MOORE


71 N.Y.2d 1002 (1988)

The People of the State of New York, Respondent, v. Gerald Moore, Appellant. The People of the State of New York, Respondent, v. Eddie Hall, Appellant. The People of the State of New York, Respondent, v. Pierre Davis, Appellant.

Court of Appeals of the State of New York.

Decided May 26, 1988.


Attorney(s) appearing for the Case

Jennifer S. Brand and Philip L. Weinstein for appellant in the first above-entitled action.

John Gemmill and Philip L. Weinstein for appellant in the second above-entitled action.

Marsha Taubenhaus and Philip L. Weinstein for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney (Catherine M. Cook and Amyjane Rettew of counsel), for respondent in the first above-entitled action.

John J. Santucci, District Attorney (Ivan Vogel of counsel), for respondent in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Ann M. Donnelly and Amyjane Rettew of counsel), for respondent in the third above-entitled action.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division in each case should be affirmed.

The defendants in these three cases challenge the use of prior convictions, obtained on guilty pleas, as the basis for sentencing them as predicate felons. Each defendant argues that the facts adduced at the plea allocutions were insufficient to establish the elements of the crime.

Initially, we note that defendants may challenge...

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