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People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 226 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered January 23, 1998, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.


The court properly determined that defendant was a second felony offender. Defendant failed to establish that his prior conviction was unconstitutionally obtained (see, People v. Harris, 61 N.Y.2d 9). In the absence of specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (see, CPL 195.20) were satisfied (see, People v. Dominique, 90 N.Y.2d 880, 881)

ELLERIN, P.J., WALLACH, LERNER, RUBIN, BUCKLEY, JJ.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 226 (N.Y. App. Div. 1999)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL TORRES…

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

Date published: Oct 21, 1999

Citations

265 A.D.2d 226 (N.Y. App. Div. 1999)
696 N.Y.S.2d 458

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