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PEOPLE v. DUQUIN

212 A.D.2d 1059 (1995)

624 N.Y.S.2d 1012

The People of the State of New York, Respondent, v. Jon J. Duquin, Appellant

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

February 3, 1995

Judgment unanimously affirmed.

Memorandum:

By failing to controvert the allegations in the second felony offender statement filed by the People pursuant to CPL 400.21 at the time of sentencing, defendant failed to preserve for review his contention that he was improperly sentenced as a second felony offender (see, People v Smith, 73 N.Y.2d 961; People v Gessner, 188 A.D.2d 1079

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