PEOPLE v. AVILES


303 A.D.2d 297 (2003)

755 N.Y.S.2d 841

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE AVILES, Appellant.

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

Decided March 25, 2003.


Defendant was properly adjudicated a persistent violent felony offender. The record establishes that, after consultation with counsel, defendant expressly withdrew his previous challenges to the constitutionality of his predicate convictions, and that nothing in his colloquy with the court subsequent to the withdrawal revived those challenges in any manner. Accordingly, his claim that the court should have conducted a hearing on these challenges is unpreserved and we decline...

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