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PEOPLE v. WARD

232 A.D.2d 218 (1996)

647 N.Y.S.2d 944

The People of the State of New York, Respondent, v. Charles Ward, Appellant

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

October 8, 1996

The sentencing court's refusal to hold a hearing in connection with defendant's challenge to the constitutionality of his prior felony conviction was properly based on the denial of defendant's CPL 440.10 motion in the prior proceeding raising the precise issue of ineffective assistance of counsel he seeks to raise herein (see, People v Abbott, 178 A.D.2d 281, 282, lv denied...

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