203 A.D.2d 196 612 N.Y.S.2d 847

The People of the State of New York, Respondent, v Juan Rivera, Appellant.

[612 NYS2d 847]

—Judgment, Supreme Court, New York County (Richard B. Lowe, III, J.), rendered May 10, 1991, convicting defendant, upon his guilty plea, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 1 Vi to 3 years, unanimously affirmed.

Defendant’s contention that the court erred in not holding a hearing to determine whether he should be sentenced as a second felony offender is without merit since the court, after questioning defendant and examining the documentary evidence, properly concluded that defendant’s challenge to the validity of his prior conviction advanced no legitimate basis for such a hearing. Concur — Rosenberger, J. P., Ellerin, Ross, Nardelli and Williams, JJ.

People v. Rivera
203 A.D.2d 196 612 N.Y.S.2d 847

Case Details

Name
People v. Rivera
Decision Date
Apr 26, 1994
Citations

203 A.D.2d 196

612 N.Y.S.2d 847

Jurisdiction
New York

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