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People v. Torres

265 A.D.2d 226 Court N.Y. App. Div. Decision date 1999-10-21 English

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p. 226
The People of the State of New York, Respondent, v Miguel Torres, Appellant.
[696 NYS2d 458]

—Judgment, Supreme

p. 227
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 4V2 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 NY2d 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 NY2d 880 , 881). Concur — Ellerin, P. J., Wallach, Lerner, Rubin and Buckley, JJ.

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