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People v. Ubiles

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 788 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

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


Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review the issue of the sufficiency of his plea allocution (see, People v Pellegrino, 60 N.Y.2d 636) and, in any event, reversal in the interest of justice is not warranted (see, People v. Harris, 61 N.Y.2d 9).

Furthermore, by having failed to contest the constitutionality of his prior felony conviction, the defendant waived his claim that the predicate conviction was unconstitutionally obtained (CPL 400.21; People v. Oliver, 63 N.Y.2d 973; People v. Mumit, 106 A.D.2d 411). Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.


Summaries of

People v. Ubiles

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 788 (N.Y. App. Div. 1987)
Case details for

People v. Ubiles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM UBILES…

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

Date published: May 26, 1987

Citations

130 A.D.2d 788 (N.Y. App. Div. 1987)

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