People v. Holston

Appellate Division of the Supreme Court of New York

People v. Holston

152 A.D.2d 638, 544 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 9703

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

DecidedJuly 10, 1989

StatusPublished

This text of 152 A.D.2d 638 (People v. Holston) 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. Holston, 152 A.D.2d 638, 544 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 9703 (N.Y. Ct. App. 1989).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered October 9, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant, who contested the validity of only 1 of 2 prior convictions for violent felonies (see, CPL 400.16; Penal Law § 70.08 [1] [a]), failed to sustain his burden of demonstrating that that predicate felony conviction was unconstitutionally obtained (see, People v Harris, 61 NY2d 9, 15). The defendant was therefore properly adjudicated and sentenced as a persistent violent felony offender. Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered October 9, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant, who contested the validity of only 1 of 2 prior convictions for violent felonies (see, CPL 400.16; Penal Law § 70.08 [1] [a]), failed to sustain his burden of demonstrating that that predicate felony conviction was unconstitutionally obtained (see, People v Harris, 61 NY2d 9, 15). The defendant was therefore properly adjudicated and sentenced as a persistent violent felony offender. Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

152 A.D.2d 638, 544 N.Y.S.2d 479, 1989 N.Y. App. Div. LEXIS 9703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holston-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack