Legal Opinion
People v. Wolmart
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1988PublishedCited by 6 opinions
1Opinion of the Court
By failing to raise an objection to his adjudication as a second violent felony offender at the time of sentencing or in his motion for resentencing, the defendant has failed to preserve his claim for appellate review (People v Lemon, 62 NY2d 745, 746; People v Febos, 122 AD2d 497, lv denied 68 NY2d 812; People v Harris, 110 AD2d 660). We note, in any event, that the crime which formed the predicate for the defendant’s 1974 conviction was essentially the same as the present Penal Law § 265.01 (4). Accordingly, at the time the defendant committed the instant offense, he stood convicted of one…
2Cases cited5 opinions
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BalfourAppellate Division of the Supreme Court of the State of New York · 1983
- People v. LemonNew York Court of Appeals · 1984
- People v. FebosAppellate Division of the Supreme Court of the State of New York · 1986
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RavanellAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1991
- People v. McKoyAppellate Division of the Supreme Court of the State of New York · 2002
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