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People v. Bouchard

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 980 (N.Y. App. Div. 1989)

Opinion

April 14, 1989

Appeal from the Niagara County Court, DiFlorio, J.

Present — Dillon, P.J., Denman, Green, Pine and Balio, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to the claims raised by defense counsel and defendant pro se. The court's allocution at the plea proceeding was proper and defendant's sentence is not excessive. Moreover, the record contains a statement verifying defendant's status as a predicate felon. Whether this statement was presented timely to the sentencing court is not determinative (see, People v Scarbrough, 66 N.Y.2d 673, revg on dissenting mem [Boomer, J.] at 105 A.D.2d 1107), particularly since defendant acknowledged the prior felony convictions (see, People v. Lattmen, 101 A.D.2d 662).


Summaries of

People v. Bouchard

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 980 (N.Y. App. Div. 1989)
Case details for

People v. Bouchard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE BOUCHARD…

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 980 (N.Y. App. Div. 1989)

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