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PEOPLE v. LEE

251 A.D.2d 161 (1998)

673 N.Y.S.2d 905

The People of the State of New York, Respondent, v. Anthony Allen Lee, Also Known as Allen Lee, Appellant

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

June 18, 1998

The court properly sentenced defendant as a second felony offender. Defendant was not entitled to a hearing pursuant to CPL 400.21 (5) since he did not controvert the allegations in the predicate felony statement (CPL 400.21 [4]; see, People v Gonzalez, 108 A.D.2d 622, 623-624). In any event, the court properly rejected defendant's challenges to the sufficiency of the documentation provided by the People with respect to the...

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