People v. Showler

Appellate Division of the Supreme Court of New York

People v. Showler

209 A.D.2d 1054, 619 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 12180

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1994·Published·Cited by 1 cases

Opinion

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that the People failed to meet their burden of proof beyond a reasonable doubt that defendant had previously been convicted of a felony. Because defendant never successfully challenged the previous determination that he was a second felony offender, by either direct appeal or post-judgment motion, that determination is binding on him (see, CPL 400.21 [8]; People v Young, 123 AD2d 366, 367, lv denied 68 NY2d 919; People v Ames, 115 AD2d 543, 545, lv denied 67 NY2d 759). (Appeal from Judgment of Genesee County Court, Morton, J. —Assault, 2nd Degree.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that the People failed to meet their burden of proof beyond a reasonable doubt that defendant had previously been convicted of a felony. Because defendant never successfully challenged the previous determination that he was a second felony offender, by either direct appeal or post-judgment motion, that determination is binding on him (see, CPL 400.21 [8]; People v Young, 123 AD2d 366, 367, lv denied 68 NY2d 919; People v Ames, 115 AD2d 543, 545, lv denied 67 NY2d 759). (Appeal from Judgment of Genesee County Court, Morton, J. —Assault, 2nd Degree.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

People v. Showler, 209 A.D.2d 1054, 619 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 12180 (N.Y. Ct. App. 1994).

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Opinion

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