PEOPLE v. ROBERSON


160 A.D.2d 200 (1990)

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

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

April 3, 1990


Defendant challenged the prosecutor's predicate violent felony statement on the ground, inter alia, that his prior plea of guilty was unknowingly and involuntarily made. After a review of the plea proceeding minutes of the earlier felony conviction, the sentencing court denied that challenge without a hearing on the basis that the record failed to support defendant's assertion. Although a defendant is ordinarily entitled to a hearing to test the constitutionality of...

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