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People v. Shepard

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 540 (N.Y. App. Div. 2000)

Opinion

Submitted November 12, 1999

January 24, 2000

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered April 30, 1997, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Lisa H. Blitman, New York, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Darcy P. Rydlun and Mary E. Costello of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his sentencing as a persistent violent felony offender without a hearing to determine whether his prior convictions were constitutionally obtained was proper (see, People v. Boomer, 187 A.D.2d 659, 661 ). The People met their burden of proving his convictions of two prior violent felonies beyond a reasonable doubt (see, CPL 400.15[7][a]; [8];People v. Mezon, 228 A.D.2d 621 ; People v. Boomer, supra, at 661). The defendant's conclusory allegations were insufficient to support his contention that the prior convictions were unconstitutionally obtained (see, People v. Boomer, supra, at 661).

The defendant's remaining contentions are without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

People v. Shepard

Appellate Division of the Supreme Court of New York, Second Department
Jan 24, 2000
268 A.D.2d 540 (N.Y. App. Div. 2000)
Case details for

People v. Shepard

Case Details

Full title:THE PEOPLE, etc., respondent, v. SAMUEL SHEPARD, appellant. (Ind. No…

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

Date published: Jan 24, 2000

Citations

268 A.D.2d 540 (N.Y. App. Div. 2000)
701 N.Y.S.2d 650

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