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People v. Kubasiak

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 932 (N.Y. App. Div. 1989)

Opinion

December 20, 1989

Appeal from the Supreme Court, Erie County, Flynn, J.

Present — Callahan, J.P., Denman, Boomer, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The court properly sentenced defendant as a second felony offender without conducting an evidentiary hearing because defendant failed to allege facts in support of his statement that his predicate felony conviction was unconstitutionally obtained (see, People v Harris, 61 N.Y.2d 9, 15; see also, CPL 400.21 [b]; People v Gipson, 152 A.D.2d 941). Moreover, the court properly questioned defendant regarding his claim and concluded that he had failed to sustain his burden of proof on the issue (see, People v Harris, supra, at 15, 16; People v Stewart, 96 A.D.2d 622, 623). Defendant's contention that the trial court abused its discretion in its Sandoval (see, People v Sandoval, 34 N.Y.2d 371) ruling and thereby deprived him of a fair trial lacks merit (see, People v Pavao, 59 N.Y.2d 282, 292; People v Bennette, 56 N.Y.2d 142; People v Shields, 46 N.Y.2d 764).


Summaries of

People v. Kubasiak

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1989
156 A.D.2d 932 (N.Y. App. Div. 1989)
Case details for

People v. Kubasiak

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND KUBASIAK…

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

Date published: Dec 20, 1989

Citations

156 A.D.2d 932 (N.Y. App. Div. 1989)

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