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PEOPLE v. BELL

259 A.D.2d 429 (1999)

687 N.Y.S.2d 136

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN BELL, Appellant.

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

Decided March 25, 1999.

Defendant failed to preserve his appellate challenge to his second felony offender status (People v Smith, 73 N.Y.2d 961), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was properly adjudicated a second felony offender based upon his New Jersey conviction (NJ Stat Annot § 2C:35-7). We find that resort to the New Jersey accusatory instrument is appropriate,...

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