PEOPLE v. OLIVENCIA


276 A.D.2d 364 (2000)

714 N.Y.S.2d 439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS E. OLIVENCIA, Appellant.

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

Decided October 19, 2000.


Defendant was properly sentenced as a second felony offender. Defendant did not establish any constitutional infirmity in his predicate conviction, since he failed to supply any specific proof that he did not sign a waiver of indictment in open court so as to overcome the presumption of regularity (see, People v Torres, 265 A.D.2d 226, lv denied 94...

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