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People v. Peterson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 1029 (N.Y. App. Div. 1988)

Opinion

November 15, 1988

Appeal from the Monroe County Court, Celli, J.

Present — Doerr, J.P., Boomer, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant upon his guilty plea of second degree assault, defendant faults the court for accepting his plea and for sentencing him as a predicate felon without a hearing and faults his counsel for ineffective assistance, primarily because counsel failed to move to dismiss the indictment on the ground that defendant's waiver of immunity was invalid. The plea colloquy establishes a sufficient factual basis for the plea. No predicate felony hearing was required because defendant was bound by the finding in such a hearing in a prior prosecution (see, CPL 400.14 [10]; 400.15 [8]; People v. Gillispie, 126 A.D.2d 564, lv denied 69 N.Y.2d 880). The record does not support defendant's claim of ineffective assistance of counsel. Defendant's claim of invalid waiver of immunity was not preserved for review (see, People v. Sapp, 142 A.D.2d 971).


Summaries of

People v. Peterson

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1988
144 A.D.2d 1029 (N.Y. App. Div. 1988)
Case details for

People v. Peterson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN PETERSON…

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

Date published: Nov 15, 1988

Citations

144 A.D.2d 1029 (N.Y. App. Div. 1988)

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