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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR HOLSTON, Appellant.

Ordered that the judgment is affirmed.

The defendant, who contested the validity of only 1 of 2 prior convictions for violent felonies (see, CPL 400.16; Penal Law § 70.08 [a]), failed to sustain his burden of demonstrating that that predicate felony conviction was unconstitutionally obtained (see, People v Harris, 61 N.Y.2d 9, 15). The defendant was therefore properly adjudicated and sentenced as a persistent violent felony offender. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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PEOPLE v. HOLSTON
(Jul 10, 1989)