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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 370 (N.Y. App. Div. 1987)

Opinion

November 9, 1987

Appeal from the Supreme Court, Kings County (Owens, J.).


Ordered that the judgments are affirmed.

During the course of the proceeding wherein the defendant was adjudicated a persistent violent felony offender, he admitted on the record the existence of two prior violent felony convictions (see, Penal Law § 70.08; CPL 400.16; 400.15 [3]). Inasmuch as the defendant specifically elected at sentencing not to interpose a constitutional challenge to either of the prior convictions, he may not do so on appeal (cf., CPL 400.16; 400.15 [7] [b]). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1987
134 A.D.2d 370 (N.Y. App. Div. 1987)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN JOHNSON, Also…

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

Date published: Nov 9, 1987

Citations

134 A.D.2d 370 (N.Y. App. Div. 1987)

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