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People v. Wilkes

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2000
278 A.D.2d 136 (N.Y. App. Div. 2000)

Opinion

December 21, 2000.

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered February 19, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Vincent Rivellese, for respondent.

Mitchell J. Briskey, for defendant-appellant.

Before: Sullivan, P.J., Wallach, Lerner, Andrias, Buckley, JJ.


Defendant's claim that his South Carolina conviction did not qualify as a predicate felony requires preservation (People v. Samms, 95 N.Y.2d 52, 57; People v. Smith, 73 N.Y.2d 961), and we decline to review this expressly waived contention in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Wilkes

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 2000
278 A.D.2d 136 (N.Y. App. Div. 2000)
Case details for

People v. Wilkes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GEORGE WILKES…

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

Date published: Dec 21, 2000

Citations

278 A.D.2d 136 (N.Y. App. Div. 2000)
718 N.Y.S.2d 174