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PEOPLE v. ZAMBALA

Ind. No. 226/16. Appeal No. 15170. Case No. 2019-2900.

201 A.D.3d 598 (2022)

157 N.Y.S.3d 722

2022 NY Slip Op 00513

The People of the State of New York, Respondent, v. Edgar Zambala, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Alma D. Gonzalez of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Nathan Shi of counsel), for respondent.

Concur— Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Defendant was correctly adjudicated a persistent violent felony offender. Defendant did not meet his burden of establishing that his 2003 plea conviction was unconstitutionally obtained (see People v Harris, 61 N.Y.2d 9, 15 [1983]). There is no basis for disturbing the court's credibility determinations, made after a hearing at which defendant testified. It is undisputed that defendant was advised by the 2003 plea court that his...

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