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People v. Balls

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1984
105 A.D.2d 981 (N.Y. App. Div. 1984)

Opinion

November 21, 1984

Appeal from the County Court of Albany County (Clyne, J.).


Defendant was indicted by an Albany County Grand Jury and charged with four counts of second degree burglary. He pleaded guilty to one count of second degree burglary in full satisfaction of the indictment and was sentenced, as a second felony offender, to an indeterminate prison term of 1 to 4 years. Defendant now appeals, contending that the second felony offender statute (Penal Law, § 70.06) is unconstitutional.

Since defendant did not raise his constitutional challenge before the trial court, but raises it for the first time on appeal, the issue has been waived (see People v Drummond, 40 N.Y.2d 990, 993, cert den. sub nom. New York v Luis J., 431 U.S. 908; People v Green, 75 A.D.2d 625, 626). Moreover, since defendant's contention has been repeatedly rejected (see, e.g., People v Butler, 92 A.D.2d 1071; People v Butler, 46 A.D.2d 422; People v Brown, 46 A.D.2d 255), we see no reason to address this issue as an exercise of discretion in the interest of justice.

Judgment affirmed. Mahoney, P.J., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

People v. Balls

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1984
105 A.D.2d 981 (N.Y. App. Div. 1984)
Case details for

People v. Balls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALDO BALLS…

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

Date published: Nov 21, 1984

Citations

105 A.D.2d 981 (N.Y. App. Div. 1984)

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