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

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

DecidedNovember 16, 1994

StatusPublished

Cited by1 cases

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

Pincite

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.

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

—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.

Cite This Page — Counsel Stack

Bluebook (online)

209 A.D.2d 1054, 619 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 12180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-showler-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack