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PEOPLE STATE NEW YORK v. SAMUEL WASHINGTON (10/30/69)

October 30, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

Disposition

Judgment unanimously affirmed.

19691030

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