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People v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 586 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the County Court, Westchester County (Rosato, J.).


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County for a new persistent violent felony offender hearing.

While the trial court's charge concerning the defendant's status as an interested witness was improper, it nevertheless constitutes harmless error in light of the overwhelming evidence of the defendant's guilt (cf., People v Williams, 197 A.D.2d 721; People v Martinez, 186 A.D.2d 153).

In view of the defendant's indication that he was challenging his 1986 felony conviction on constitutional grounds, the court was obligated to conduct further inquiry to ascertain the nature of defendant's constitutional challenges, and to conduct a hearing thereon (see, CPL 400.16; People v Chestnut, 188 A.D.2d 480; People v Davis, 144 A.D.2d 688).

The defendant's remaining contentions are either not preserved for appellate review, without merit, or do not warrant reversal. Bracken, J.P., Thompson, Hart and Goldstein, JJ., concur.


Summaries of

People v. Katz

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 586 (N.Y. App. Div. 1995)
Case details for

People v. Katz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STUART KATZ, Appellant

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 586 (N.Y. App. Div. 1995)
625 N.Y.S.2d 71

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