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Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered Janu
*103 ary 27, 1992, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.The trial court did not abuse its discretion in rejecting, without a hearing, defendant’s challenge to the use of his two prior convictions to adjudicate him a persistent violent felony offender. As for the 1976 conviction, defendant is bound by the 1980 predicate felony determination that was based thereon (see, CPL 400.15 [8]; 400.21 [8]; People v Loughlin, 66 NY2d 633, 635-636). As for the 1980 conviction, defendant’s allegations were bare of facts sufficient to support a finding of unconstitutionality (see, People v Harley, 52 AD2d 698; People v Silvers, 163 AD2d 71).
We have considered defendant’s other arguments and find them to be without merit. Concur—Carro, J. P., Ellerin, Kupferman and Rubin, JJ.
Document Info
Citation Numbers: 199 A.D.2d 102, 605 N.Y.S.2d 865
Filed Date: 12/14/1993
Precedential Status: Precedential
Modified Date: 1/13/2022