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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 471 (N.Y. App. Div. 1992)

Opinion

May 12, 1992

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant was properly sentenced as a second felony offender. His failure of recollection at sentencing was not a clearly articulated challenge to the allegation that he had been previously convicted of the prior felony and, since uncontradicted allegations in a predicate felony statement are deemed true, defendant's claim of error on appeal has not been preserved (CPL 400.21; People v. Bell, 173 A.D.2d 218, 219, lv denied 78 N.Y.2d 962). In any event, the record being clear that defendant is in fact the person named in the predicate felony statement, there was no need for the trial court to conduct a full hearing (People v. Sailor, 65 N.Y.2d 224, 235).

Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Smith, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
May 12, 1992
183 A.D.2d 471 (N.Y. App. Div. 1992)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JONES, Appellant

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

Date published: May 12, 1992

Citations

183 A.D.2d 471 (N.Y. App. Div. 1992)
583 N.Y.S.2d 416

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