People v. Santiago
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*439Defendant’s failure to appeal the 2004 conviction did not constitute a forfeiture of his right to independently challenge its constitutionality within the context of a predicate felony proceeding (see People v Johnson, 196 AD2d 408, 410 [1993], lv denied 82 NY2d 806 [1993] [“Notwithstanding his failure to appeal from the 1985 conviction, defendant had an independent statutory right to challenge its use as a predicate conviction on the ground it was unconstitutionally obtained”]). Although the absence of an appeal may be a relevant consideration in predicate felony offender proceedings, it is…
2Cases cited6 opinions
- People v. ConcepcionNew York Court of Appeals · 2011
- People v. LaFontaineNew York Court of Appeals · 1998
- People v. ChavisNew York Court of Appeals · 1998
- People v. OdomAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. GerardAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BrewingtonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AgardAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ProvinceNew York Supreme Court · 2015
- People v. DennisNew York Supreme Court · 2016
1 more not listed; retrieve them via the Exa API.