From Casetext: Smarter Legal Research

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 385 (N.Y. App. Div. 1988)

Opinion

May 2, 1988

Appeal from the Supreme Court, Westchester County (Dachenhausen, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's present contention, the record demonstrates that his 1976 guilty plea to the crime of attempted manslaughter in the second degree was knowingly and voluntarily made after a valid waiver of his constitutional rights; hence, the use of this conviction as the basis for adjudicating the defendant a second felony offender was proper (see, People v Harris, 61 N.Y.2d 9). Furthermore, inasmuch as the defendant was permitted to fully adduce evidence in support of his contention that the prior conviction was unconstitutionally obtained, we find the claim that he was denied an appropriate hearing to be without merit. Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 385 (N.Y. App. Div. 1988)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLANDO RIVERA…

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

Date published: May 2, 1988

Citations

140 A.D.2d 385 (N.Y. App. Div. 1988)