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PEOPLE v. POWELL

2197/14.

159 A.D.3d 421 (2018)

71 N.Y.S.3d 480

2018 NY Slip Op 01403

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AZEEZ POWELL, Appellant.

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

Decided March 1, 2018.

Defendant was not entitled, within this criminal proceeding, to challenge the constitutionality of a prior conviction that was used to elevate the charge to persistent sexual abuse (see People v Knack, 72 N.Y.2d 825 [1988]). Defendant, who asserts that the record of his prior plea establishes its unconstitutionality, could have moved to withdraw that plea, or he could have taken and perfected a timely appeal. The fact that those...

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