Legal Opinion

People v. Valderrama

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

Decided May 16, 1988PublishedCited by 1 opinion

1Opinion of the Court

We find unpersuasive the defendant’s contention that his adjudication as a second felony offender did not comply with the requirements of CPL 400.21 (3). The minutes of the sentencing proceedings clearly demonstrate that a copy of the predicate felony statement was served on the defendant’s counsel and that the defendant admitted, inter alia, the existence, nature and time of his prior felony conviction and failed to raise any challenge to the contents of the statement. Hence, the purpose of CPL 400.21 was satisfied (see, People v Bouyea, 64 NY2d 1140).

The defendant’s contention that the…

2Cases cited7 opinions

  1. People v. BouyeaNew York Court of Appeals · 1985
  2. People v. RodriguezNew York Court of Appeals · 1981
  3. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. FuentesAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. McAllisterAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by1 opinion

  1. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2019

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