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PEOPLE v. SIMONS

210 A.D.2d 15 (1994)

619 N.Y.S.2d 562

The People of the State of New York, Respondent, v. Henry Simons, Also Known as Henry Simmons, Also Known as James Simmons, Appellant

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

December 1, 1994

There is no merit to defendant's contention that his 1957 plea of guilty was unconstitutionally obtained because he was not advised by the court that took the plea that a consequence thereof would be exposure to enhanced punishment in the event of another felony conviction (People v Mitchell, 121 A.D.2d 403). Nor was defendant entitled to a hearing on his claim that he was not advised at the time of his 1957 plea of his right to...

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