Legal Opinion

People v. Froats

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

Decided July 13, 1990PublishedCited by 10 opinions

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

  1. People v. AcevedoNew York Court of Appeals · 1976
  2. People v. SalcedoAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1980
  4. People v. LinderberryAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. GriffinAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by10 opinions

  1. People v. FreeneyAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. ArkimAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. HudsonAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. DickersonAppellate Division of the Supreme Court of the State of New York · 1994
  5. 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.

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