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PEOPLE v. CRUZ

56 A.D.3d 570 (2008)

867 N.Y.S.2d 499

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

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

November 12, 2008.

Ordered that the judgment is affirmed.

The defendant contends that the County Court erred in sentencing him as a second felony offender on the ground that his prior felony conviction was jurisdictionally defective (see People v Quarcini, 4 A.D.3d 864 [2004]). The defendant, however, was fully advised of his right to a hearing to controvert the predicate felony statement filed by the People, including the right to challenge...

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