PEOPLE v. VELAZQUEZ


152 A.D.2d 993 (1989)

The People of the State of New York, Respondent, v. David Ortiz Velazquez, Appellant

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

July 12, 1989


Judgment unanimously affirmed.

Memorandum:

There is no merit to defendant's argument that he was improperly adjudicated and sentenced as a second felony offender. He contends that his 1972 plea of guilty to grand larceny in the third degree should not have been accepted by the court "in the face of unequivocal assertions of innocence". That claim may not properly be raised in a second felony offender adjudication (see, People v Lowe, ...

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