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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RIVERA, Appellant.

Defendant's contention that the court erred in not holding a hearing to determine whether he should be sentenced as a second felony offender is without merit since the court, after questioning defendant and examining the documentary evidence, properly concluded that defendant's challenge to the validity of his prior conviction advanced no legitimate basis for such a hearing.

Concur — Rosenberger, J.P., Ellerin, Ross, Nardelli and Williams, JJ.

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PEOPLE v. RIVERA
(Apr 26, 1994)