PEOPLE v. NUNEZ


208 A.D.2d 567 (1994)

616 N.Y.S.2d 1015

The People of the State of New York, Respondent, v. Bartolo Nunez, Appellant

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

October 3, 1994


Ordered that the judgment is affirmed.

The defendant contends that it was improper for the court to sentence him as a second felony offender without first conducting a hearing to determine the validity of his constitutional challenge to the predicate felony conviction and that accordingly, the matter should be remitted for such a hearing. We disagree.

A review of the sentencing minutes reveals that the defendant was neither adjudicated a second felony offender...

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