276 A.D.2d 364 714 N.Y.S.2d 439

The People of the State of New York, Respondent, v Carlos E. Olivencia, Appellant.

[714 NYS2d 439]

Judgment, Supreme Court, Bronx County (John Stackhouse, J., at plea and sentence; Denis Boyle, J., at resentence), rendered October 7, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and resentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant was properly sentenced as a second felony offender. Defendant did not establish any constitutional infirmity in his predicate conviction, since he failed to supply any specific proof that he did not sign a waiver of indictment in open court so as to overcome the presumption of regularity (see, People v Torres, 265 AD2d 226, lv denied 94 NY2d 886). Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

People v. Olivencia
276 A.D.2d 364 714 N.Y.S.2d 439

Case Details

Name
People v. Olivencia
Decision Date
Oct 19, 2000
Citations

276 A.D.2d 364

714 N.Y.S.2d 439

Jurisdiction
New York

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