PEOPLE v. BURGESS

7313/2001, 6906/1990

2008 NY Slip Op 33551 (U)

THE PEOPLE OF THE STATE OF NEW YORK v. MICKEAL BURGESS.

Supreme Court of the State of New York, Kings County.

December 9, 2008.


DECISION & ORDER

CAROLYN E. EMAREST, Judge.

Defendant moves, pro se, for an order vacating his sentence pursuant to CPL § 440.20 on the grounds that his adjudication as a persistent felony offender is invalid. The motion is denied both procedurally and on the merits.

On September 7, 2001, defendant entered a McDonald's restaurant in Brooklyn and pointed a bag containing a bottle at Maritza Dreckett, who was working behind the counter...

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