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PEOPLE v. HOLSTON
Appellate Division of the Supreme Court of New York, Second Department.
Jul 10, 1989
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 ยง 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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