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THE PEOPLE, etc., respondent, v. SAMUEL SHEPARD, appellant. (Ind. No. 94-00768)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his sentencing as a persistent violent felony offender without a hearing to determine whether his prior convictions were constitutionally obtained was proper (see, People v. Boomer, 187 A.D.2d 659, 661 ). The People met their burden of proving his convictions of two prior violent felonies beyond a reasonable doubt (see, CPL 400.15[7][a]; [8];People v. Mezon, 228 A.D.2d 621 ; People v. Boomer, supra, at 661). The defendant's conclusory allegations were insufficient to support his contention that the prior convictions were unconstitutionally obtained (see, People v. Boomer, supra, at 661).

The defendant's remaining contentions are without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.

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PEOPLE v. SHEPARD
(Jan 24, 2000)