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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1993
196 A.D.2d 849 (N.Y. App. Div. 1993)

Opinion

September 20, 1993

Appeal from the Supreme Court, Kings County (Lipp, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the court impermissibly enhanced his sentence, without first affording him an opportunity to withdraw his plea (see, People v Atkinson, 127 A.D.2d 841; People v Mack, 107 A.D.2d 822). We also reject the defendant's contention that his prior conviction in New Jersey for distribution of a controlled dangerous substance (see, NJ Stat Annot § 24:21-19 [A] [a] [1]) could not serve as a predicate felony in New York (see, Penal Law § 70.06 [b] [i]). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1993
196 A.D.2d 849 (N.Y. App. Div. 1993)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL MARTINEZ…

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

Date published: Sep 20, 1993

Citations

196 A.D.2d 849 (N.Y. App. Div. 1993)
603 N.Y.S.2d 759

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