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People v. Duquin

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1059 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Erie County Court, Rogowski, J.

Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: By failing to controvert the allegations in the second felony offender statement filed by the People pursuant to CPL 400.21 at the time of sentencing, defendant failed to preserve for review his contention that he was improperly sentenced as a second felony offender (see, People v. Smith, 73 N.Y.2d 961; People v. Gessner, 188 A.D.2d 1079, lv denied 81 N.Y.2d 1073).


Summaries of

People v. Duquin

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1059 (N.Y. App. Div. 1995)
Case details for

People v. Duquin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JON J. DUQUIN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1995

Citations

212 A.D.2d 1059 (N.Y. App. Div. 1995)
624 N.Y.S.2d 1012

Citing Cases

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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.…