People v. Matthews

The People move to have the defendant adjudicated a persistent felony offender under section 70.10 of the Penal Law. Defendant opposed the application and specifically challenged the constitutionality of a prior felony conviction. A hearing was held on June 1, 1976. Defendant also challenged a prior felony conviction not relied upon by the People as a prior felony under this section. The *329court rules this challenge is not material to the instant application.

The defendant, Henry Matthews, was convicted after a jury trial on April 28, 1976 of robbery in the first degree and related charges. The…