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PEOPLE v. NEVAREZ

62 A.D.3d 585 (2009)

878 N.Y.S.2d 888

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NEVAREZ, Appellant.

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

Decided May 26, 2009.

The court properly adjudicated defendant a second felony offender. Regardless of any state law issues presented by defendant's predicate felony conviction, that conviction was not "obtained in violation of [defendant's rights] under the applicable provisions of the constitution of the United States" (CPL 400.21 [7] [b]).

After sufficient inquiry (see People v Frederick, 45 N.Y.2d 520 [1978]), the court properly denied defendant...

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