From Casetext: Smarter Legal Research

People v. Blackwell

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 686 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgment is affirmed.

Having failed to controvert the predicate felony statement offered by the People before the sentencing court and, indeed, having waived his right to do so as a condition of the plea, the defendant cannot now complain of his adjudication as a predicate felon (see, People v. Haynes, 102 A.D.2d 604; People v. Hewitt, 97 A.D.2d 828). Moreover, inasmuch as the defendant's claim of ineffective assistance of counsel is based on facts outside of the record, it cannot be reviewed by this court. Finally, we perceive no basis upon which to substitute our discretion for that of the sentencing court (see, People v. Bibbs, 129 A.D.2d 803; People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Rubin, Sullivan and Rosenblatt, JJ., concur.


Summaries of

People v. Blackwell

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 686 (N.Y. App. Div. 1989)
Case details for

People v. Blackwell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BLACKWELL…

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 686 (N.Y. App. Div. 1989)
542 N.Y.S.2d 744

Citing Cases

People v. Sullivan

Once the predicate felony conviction has been identified, the defendant is fully able to assert whatever…

People v. Polowczyk

Contrary to the defendant's contention, he could have contested the propriety of his adjudication as a second…