PEOPLE v. CLARKE


186 A.D.2d 462 (1992)

The People of the State of New York, Respondent, v. Leonard Clarke, Appellant

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

October 22, 1992


There is no merit to defendant's contention that his 1976 conviction was actually a youthful offender adjudication. Defendant did not challenge the 1976 conviction on that basis in 1982, when he was sentenced as a second felony offender (CPL 400.15 [8]); the minutes of the 1976 sentencing proceeding reflect that defendant was sentenced as a felon; and the certified record that was introduced at the hearing reflects that the 1976 judgment was based on a felony conviction....

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