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People v. Showler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1054 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Genesee County Court, Morton, J.

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


Judgment unanimously affirmed. Memorandum: There is no merit to the contention that the People failed to meet their burden of proof beyond a reasonable doubt that defendant had previously been convicted of a felony. Because defendant never successfully challenged the previous determination that he was a second felony offender, by either direct appeal or post-judgment motion, that determination is binding on him (see, CPL 400.21; People v Young, 123 A.D.2d 366, 367, lv denied 68 N.Y.2d 919; People v Ames, 115 A.D.2d 543, 545, lv denied 67 N.Y.2d 759).


Summaries of

People v. Showler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 1054 (N.Y. App. Div. 1994)
Case details for

People v. Showler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID A. SHOWLER…

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

Date published: Nov 16, 1994

Citations

209 A.D.2d 1054 (N.Y. App. Div. 1994)
619 N.Y.S.2d 1011

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