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People v. Vianale

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 767 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

Appeal from the Supreme Court, Richmond County (Sullivan, J.).


Ordered that the judgment is affirmed.

The defendant asserts that he was incapacitated or otherwise unable to comprehend the proceedings wherein he pleaded guilty and upon which his predicate felony conviction was based. The Supreme Court correctly determined that there was no substantive basis to this claim and properly denied the defendant's challenge to his status as a predicate felon (see, People v Buckley, 139 A.D.2d 589; People v Gosso, 130 A.D.2d 683; People v Nance, 110 A.D.2d 857; see also, People v Harris, 61 N.Y.2d 9). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Vianale

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 767 (N.Y. App. Div. 1991)
Case details for

People v. Vianale

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN VIANALE…

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 767 (N.Y. App. Div. 1991)
647 N.Y.S.2d 320