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People v. Perkins

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 871 (N.Y. App. Div. 1994)

Opinion

July 15, 1994

Appeal from the Erie County Court, D'Amico, J.

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


Judgment unanimously affirmed. Memorandum: There is no merit to the contention that County Court erred in failing to grant a hearing on the issue of defendant's status as a second felony offender. A hearing was held wherein defendant was given a full opportunity to challenge the constitutionality of his prior plea. Additionally, defendant was not deprived of effective assistance of counsel by counsel's alleged failure to advise him that the conviction would subject him to an enhanced sentence should he commit a crime in the future (see, People v. Towles, 110 A.D.2d 729, lv denied 65 N.Y.2d 930; People v. Sirianni, 89 A.D.2d 775).


Summaries of

People v. Perkins

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 871 (N.Y. App. Div. 1994)
Case details for

People v. Perkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PERKINS…

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

Date published: Jul 15, 1994

Citations

206 A.D.2d 871 (N.Y. App. Div. 1994)
616 N.Y.S.2d 308