PEOPLE v. LEVINE


257 A.D.2d 478 (1999)

684 N.Y.S.2d 520

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT LEVINE, Appellant.

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

Decided January 21, 1999.


Defendant was not entitled to a hearing when he raised constitutional challenges to each of his two prior convictions. Defendant was precluded from contesting the use of his 1983 conviction as a predicate conviction since he had previously been adjudicated a second violent felony offender in 1988 based on that conviction and failed to seek review of that adjudication by direct appeal or appropriate post-judgment motion (People v Loughlin, 66 N.Y.2d...

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