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PEOPLE v. TORRES

211 A.D.2d 403 (1995)

621 N.Y.S.2d 856

The People of the State of New York, Respondent, v. Edwin Torres, Appellant

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

January 3, 1995

Defendant failed to timely raise the issue of whether he was properly sentenced as a second felony offender by failing to controvert the predicate felony statement filed against him (CPL 400.21 [3]). Thus, any question concerning whether defendant's prior California conviction is equivalent to a conviction for a felony in New York has not been preserved for appellate review, and we perceive no basis for reaching the matter in the...

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