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PEOPLE v. NEREE

280 A.D.2d 497 (2001)

719 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD NEREE, Appellant.

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

Decided February 5, 2001.

Ordered that the judgment is affirmed.

The defendant was properly sentenced as a second violent felony offender. Since the defendant failed to challenge his underlying conviction during the sentencing proceedings, he waived his right to make any allegation of unconstitutionality with regard to that prior conviction (see, CPL 400.15 [7] [b]; People v Young, 255 A.D.2d 907

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