PEOPLE v. MARSHALL

103878.

96 A.D.3d 1294 (2012)

946 N.Y.S.2d 906

2012 NY Slip Op 5203

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESLIE MARSHALL, Appellant.

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

June 28, 2012.


Kavanagh, J.

Upon defendant's plea of guilty to the crime of robbery in the second degree, he was sentenced, as a second felony offender, to eight years in prison with five years of postrelease supervision. On this appeal, he argues that he was entitled to a hearing to determine whether the prior conviction relied upon by County Court qualifies him as a second felony offender. However, this argument is encompassed by his valid appeal waiver (see People v Callahan...

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