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PEOPLE v. RODRIGUEZ

49 A.D.3d 903 (2008)

854 N.Y.S.2d 496

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE RODRIGUEZ, Also Known as GEORGE RODRIGUEZ, Appellant.

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

Decided March 25, 2008.

Ordered that the sentence is affirmed.

The County Court properly found the defendant to be a persistent violent felony offender based on his 1985 and 1996 convictions. The defendant is estopped from challenging his 1985 conviction because he did not challenge its constitutionality in 1996, when it served as the predicate for his sentencing as a second violent felony offender (see CPL 400.15 [8]; People v Adelman, 36 A.D.3d 926

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