Legal Opinion
People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 4 opinions
1Opinion of the Court
*904The County Court properly found the defendant to be a persistent violent felony offender based on his 1985 and 1996 convictions. The defendant is estopped from challenging his 1985 conviction because he did not challenge its constitutionality in 1996, when it served as the predicate for his sentencing as a second violent felony offender (see CPL 400.15 [8]; People v Adelman, 36 AD3d 926, 928 [2007]; People v Mastropietro, 198 AD2d 443, 443-444 [1993]). With respect to the 1996 conviction, the defendant contends that it cannot serve as a predicate because he was not advised that his guilty…
2Cases cited5 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. AdelmanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. McGrathNew York Court of Appeals · 1977
- People v. DepeysterAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MastropietroAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- People v. MossAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AlbrittonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2014