People v. Froats
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Where the defendant, at a second felony hearing, fails to challenge the constitutionality of a prior felony conviction, he waives any allegation of unconstitutionality unless good cause can be shown for the failure to make a timely challenge (CPL 400.21 [7] [b]), and the court’s finding that defendant is a second felony offender is binding upon him in any future proceeding (CPL 400.21 [8]). Defendant failed to challenge the constitutionality of his 1976 felony conviction at the time of his second felony offender hearing in 1981, but sought to…
2Cases cited9 opinions
- People v. AcevedoNew York Court of Appeals · 1976
- People v. SalcedoAppellate Division of the Supreme Court of the State of New York · 1987
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1980
- People v. LinderberryAppellate Division of the Supreme Court of the State of New York · 1977
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. FreeneyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ArkimAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DickersonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. KirkbyAppellate Division of the Supreme Court of the State of New York · 2002
5 more not listed; retrieve them via the Exa API.