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PEOPLE v. POWELL

2010-03224.

85 A.D.3d 947 (2011)

925 N.Y.S.2d 359

2011 NY Slip Op 5301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID POWELL, Appellant.

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

Decided June 14, 2011.

Ordered that the judgment is affirmed.

The defendant's challenge to his adjudication as a second felony offender is unpreserved for appellate review (see People v Csoke, 11 A.D.3d 631 [2004]; cf. People v Proctor, 79 N.Y.2d 992 [1992]). In any event, "[s]ince the defendant admitted that he was the person convicted of the predicate felony," and since he expressly declined to challenge...

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