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PEOPLE v. GINES

6 A.D.3d 336 (2004)

775 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN GINES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 27, 2004.

Following a remand from this Court (284 A.D.2d 134 [2001]), the resentencing court conducted a thorough proceeding and properly adjudicated defendant a persistent violent felony offender. His failure to challenge the constitutionality of the prior 1978 conviction at the time of his 1987 conviction constitutes a waiver of his right to challenge the 1978 conviction on this appeal (see e.g. People v Dickerson, 202 A...

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