SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 30, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
SAMUEL WASHINGTON, APPELLANT
Appeal from judgment of Erie County Court convicting defendant of robbery, first degree.
Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.
Memorandum: Under section 1943 of the Penal Law the court should have passed upon the constitutional objections raised by the defendant to the alleged predicate conviction prior to his sentence as a second felony offender. However from our review of the points raised by the defendant it would appear that there was no showing of any substantial violation of his rights cognizable by the court.
Judgment unanimously affirmed.
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