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PEOPLE v. DURAN

5532, 1098/12.

157 A.D.3d 598 (2018)

69 N.Y.S.3d 637

2018 NY Slip Op 00453

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN DURAN, Appellant.

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

Decided January 25, 2018.

The court properly adjudicated defendant a persistent violent felony offender. Defendant did not meet his burden of establishing that his 1993 plea conviction was unconstitutionally obtained (see People v Harris, 61 N.Y.2d 9, 15 [1983]).

During the allocution on defendant's 1993 plea to second-degree burglary, defendant offered an "explanation," the gist of which was that he entered the premises at issue for the purpose of...

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