Legal Opinion

People v. Marshall

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

Decided June 28, 2012Published

1Opinion of the CourtKavanagh, J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), entered October 19, 2010, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Upon defendant’s plea of guilty to the crime of robbery in the second degree, he was sentenced, as a second felony offender, to eight years in prison with five years of postrelease supervision. On this appeal, he argues that he was entitled to a hearing to determine whether the prior conviction relied upon by County Court qualifies him as a second felony offender. However, this argument is encompassed by…

2Cases cited5 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. KorberAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. CalifanoAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2010

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