People v. Goldsmith

Appellate Division of the Supreme Court of New York

People v. Goldsmith

269 A.D.2d 465, 702 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 1354

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 2000

StatusPublished

Cited by2 cases

This text of 269 A.D.2d 465 (People v. Goldsmith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Goldsmith, 269 A.D.2d 465, 702 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 1354 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by [466]*466the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 2, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court did not err in sentencing the defendant as a second felony offender. The People satisfied their burden at the predicate felony hearing by establishing beyond a reasonable doubt the existence of the defendant’s December 5, 1989, prior felony conviction. The burden then shifted to the defendant to prove that the prior conviction was unconstitutionally obtained (see, CPL 400.21 [7]; People v Harris, 61 NY2d 9, 15). The evidence presented by the defendant failed to establish that his right to counsel was violated at the sentencing on the prior conviction. O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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—Appeal by [466]*466the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 2, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court did not err in sentencing the defendant as a second felony offender. The People satisfied their burden at the predicate felony hearing by establishing beyond a reasonable doubt the existence of the defendant’s December 5, 1989, prior felony conviction. The burden then shifted to the defendant to prove that the prior conviction was unconstitutionally obtained (see, CPL 400.21 [7]; People v Harris, 61 NY2d 9, 15). The evidence presented by the defendant failed to establish that his right to counsel was violated at the sentencing on the prior conviction. O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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Bluebook (online)

269 A.D.2d 465, 702 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 1354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goldsmith-nyappdiv-2000.

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