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PEOPLE v. BLACKWELL

151 A.D.2d 686 (1989)

The People of the State of New York, Respondent, v. Kenneth Blackwell, Appellant

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

June 19, 1989

Ordered that the judgment is affirmed.

Having failed to controvert the predicate felony statement offered by the People before the sentencing court and, indeed, having waived his right to do so as a condition of the plea, the defendant cannot now complain of his adjudication as a predicate felon (see, People v Haynes, 102 A.D.2d 604; People v Hewitt, 97 A.D.2d 828). Moreover...

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