PEOPLE v. RINCON


62 A.D.3d 574 (2009)

879 N.Y.S.2d 424

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RINCON, Appellant.

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

Decided May 21, 2009.


Defendant argues that he is entitled to a hearing regarding his claim that the attorney who represented him at his underlying conviction in 2004 rendered ineffective assistance by failing to challenge the constitutionality of defendant's 1994 predicate conviction. We find this argument to be procedurally barred as well as without merit.

Defendant previously appealed from his 2004 conviction, as well as from the sentencing...

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