People v. Torres

265 A.D.2d 226, 696 N.Y.S.2d 458, 1999 N.Y. App. Div. LEXIS 10639

Opinion

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered January 23, 1998, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The court properly determined that defendant was a second felony offender. Defendant failed to establish that his prior conviction was unconstitutionally obtained (see, People v Harris, 61 NY2d 9). In the absence of specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (see, CPL 195.20) were satisfied (see, People v Dominique, 90 NY2d 880, 881). Concur — Ellerin, P. J., Wallach, Lerner, Rubin and Buckley, JJ.