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PEOPLE v. ROBINSON

297 A.D.2d 827 (2002)

748 N.Y.S.2d 60

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ROBINSON, Appellant.

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

Decided September 30, 2002.

Ordered that the judgment and amended sentence are affirmed.

The defendant was properly adjudicated a second violent felony offender, as he failed to meet his burden of establishing that his prior violent felony conviction was unconstitutionally obtained (see generally People v Harris, 61 N.Y.2d 9; CPL 400.15 [7] [b]). Contrary to the defendant's contention, the transcripts of the prior plea allocution and sentence indicate...

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