At the sentencing hearing, defense counsel did not challenge the constitutionality of defendant's 2000 New York County conviction for attempted robbery, which had been used as a predicate in adjudicating defendant a persistent violent felony offender. It was undisputed that at the 2000 plea proceeding, defendant had not been informed that his sentence would include a period of postrelease supervision (see People v Catu,
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PEOPLE v. FAGAN
16250, 944/09.
155 A.D.3d 524 (2017)
65 N.Y.S.3d 181
2017 NY Slip Op 08300
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH FAGAN, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 28, 2017.
Decided November 28, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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