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People v. Mays

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1019 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Chautauqua County Court, Himelein, J.

Present — Denman, P.J., Green, Fallon, Wesley and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that he was improperly sentenced as a second felony offender because his prior felony conviction is jurisdictionally defective (see, People v. Johnson, 187 A.D.2d 990). That contention, however, cannot be addressed on direct appeal because it is based on documents that were not submitted to the sentencing court (see, People v. Rodriguez, 123 A.D.2d 405, 406; People v. McAllister, 116 A.D.2d 745). Defendant's challenge to the predicate felony conviction should be raised in a proceeding pursuant to CPL article 440 (see, People v. Johnson, 51 N.Y.2d 986, 988; People v Banks, 117 A.D.2d 611).

Defendant has not taken an appeal from the judgment revoking his probation and resentencing him to a term of incarceration (see, CPL 460.10). Consequently, we are also unable to address defendant's challenge to that judgment.

We reject defendant's contention that the aggregate sentence is harsh or excessive.


Summaries of

People v. Mays

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1019 (N.Y. App. Div. 1994)
Case details for

People v. Mays

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD L. MAYS…

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

Date published: Nov 16, 1994

Citations

209 A.D.2d 1019 (N.Y. App. Div. 1994)
619 N.Y.S.2d 995

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