From Casetext: Smarter Legal Research

People v. Dickerson

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 1994
202 A.D.2d 247 (N.Y. App. Div. 1994)

Opinion

March 10, 1994

Appeal from the Supreme Court, New York County, Bernard Jackson, J., Clifford Scott, J.


Defendant's failure to challenge the constitutionality of a prior 1975 violent felony conviction at the time of his 1982 second violent felony offender hearing constitutes a waiver of his right to challenge the 1975 conviction at this time, even if the 1982 sentencing court did not inform defendant of his right to challenge the 1975 conviction (CPL 400.15 [b]; People v Froats, 163 A.D.2d 906, lv denied 76 N.Y.2d 940; People v Hurtado, 160 A.D.2d 654, 655, lv denied 76 N.Y.2d 789).

Concur — Murphy, P.J., Kupferman, Asch, Williams and Tom, JJ.


Summaries of

People v. Dickerson

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 1994
202 A.D.2d 247 (N.Y. App. Div. 1994)
Case details for

People v. Dickerson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY DICKERSON…

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

Date published: Mar 10, 1994

Citations

202 A.D.2d 247 (N.Y. App. Div. 1994)
608 N.Y.S.2d 463

Citing Cases

People v. Tubens

In any event, the inclusion of the "two inference" charge does not constitute reversible error because the…

People v. Murreld

In any event, the testimony was properly admitted because it constituted the factual predicate for the…