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PEOPLE v. FIGUEROA

7565. 1133/13.

166 A.D.3d 424 (2018)

88 N.Y.S.3d 2

2018 NY Slip Op 07543

The People of the State of New York, Respondent, v. Ruben Figueroa, Appellant.

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

Decided November 8, 2018.

Defendant was properly adjudicated a second felony offender. Neither of the two 2006 convictions set forth in the predicate felony statement was unconstitutionally obtained.

With regard to one of the convictions, there was an allocution during which the court fully advised defendant of the rights he was waiving, but which did not result in a guilty plea. When defendant ultimately accepted the plea three weeks later, the...

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