People v. Tavare

Appellate Division of the Supreme Court of New York

People v. Tavare

117 A.D.2d 829, 499 N.Y.S.2d 150, 1986 N.Y. App. Div. LEXIS 53105

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

DecidedFebruary 24, 1986

StatusPublished

This text of 117 A.D.2d 829 (People v. Tavare) 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. Tavare, 117 A.D.2d 829, 499 N.Y.S.2d 150, 1986 N.Y. App. Div. LEXIS 53105 (N.Y. Ct. App. 1986).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 3, 1983, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The defendant’s guilt was proven beyond a reasonable doubt (see, People v Contes, 60 NY2d 620, 621). The defendant’s contention that his first felony conviction cannot serve as the basis for sentencing him as a second felony offender because he was not advised, prior to the plea resulting in the original felony conviction, that he would thereafter be subject to. enhanced punishment, is without merit (see, People v Towles, 110 AD2d 729). Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 3, 1983, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The defendant’s guilt was proven beyond a reasonable doubt (see, People v Contes, 60 NY2d 620, 621). The defendant’s contention that his first felony conviction cannot serve as the basis for sentencing him as a second felony offender because he was not advised, prior to the plea resulting in the original felony conviction, that he would thereafter be subject to. enhanced punishment, is without merit (see, People v Towles, 110 AD2d 729). Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

117 A.D.2d 829, 499 N.Y.S.2d 150, 1986 N.Y. App. Div. LEXIS 53105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tavare-nyappdiv-1986.

Opinion

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