People v. Harris — 199 A.D.2d 102

Majority

p. 102

The People of the State of New York, Respondent, v Howard Harris, Appellant.

[605 NYS2d 865]

Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered Janu

p. 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.

Cases cited

People v. Loughlin 66 NY2d 633 N.Y. 1985-10-08 at 635-636 p. 103