People v. Fielhauer

125 A.D.2d 985, 510 N.Y.S.2d 500, 1986 N.Y. App. Div. LEXIS 63179

Opinion

— Judgment unanimously affirmed. Memorandum: Having failed before the sentencing court to controvert the second felony offender statement on the ground that the prior conviction was unconstitutionally obtained, defendant is precluded from raising that issue on appeal (see, CPL 400.21 [7] [b]; People v Mumit, 106 AD2d 411). (Appeal from judgment of Genesee County Court, Morton, J.— criminal possession of weapon, third degree.) Present — Callahan, J. P., Boomer, Green, Balio and Lawton, JJ.

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People v. Fielhauer, 125 A.D.2d 985, 510 N.Y.S.2d 500, 1986 N.Y. App. Div. LEXIS 63179 (N.Y. Ct. App. 1986).

125 A.D.2d 985 (People v. Fielhauer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Mumit
106 A.D.2d 411 (Appellate Division of the Supreme Court of New York, 1984)