People v. Proctor
| Decision Date | 30 April 1992 |
| Citation | 584 N.Y.S.2d 435,79 N.Y.2d 992 |
| Parties | , 594 N.E.2d 929 The PEOPLE of the State of New York, Respondent, v. Patrick PROCTOR, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Prior report: 176 A.D.2d 765, 574 N.Y.S.2d 1008.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. Not having raised the issue by motion to vacate or otherwise in the court of first instance, defendant's argument that there was a failure to comply with the procedures of CPL 400.20 has not been preserved for our review (People v. Oliver, 63 N.Y.2d 973, 483 N.Y.S.2d 992, 473 N.E.2d 242; People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). Defendant's remaining claim is meritless.
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41 cases
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People v. Roberts
...the court failed to follow the statutory procedure in sentencing him as a persistent felony offender (see People v. Proctor, 79 N.Y.2d 992, 994, 584 N.Y.S.2d 435, 594 N.E.2d 929 ; People v. Korber, 89 A.D.3d 1543, 1544, 932 N.Y.S.2d 780, lv. denied 19 N.Y.3d 864, 947 N.Y.S.2d 413, 970 N.E.2......
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People v. Winslow
...with CPL 400.21 before sentencing him as a second felony offender is unpreserved for appellate review ( see People v. Proctor, 79 N.Y.2d 992, 994, 584 N.Y.S.2d 435, 594 N.E.2d 929;People v. Smith, 73 N.Y.2d 961, 962, 540 N.Y.S.2d 987, 538 N.E.2d 339;People v. Cullum, 93 A.D.3d 856, 940 N.Y.......
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People v. Brown
...contention regarding his adjudication as a persistent felony offender is unpreserved for appellate review ( see People v. Proctor, 79 N.Y.2d 992, 584 N.Y.S.2d 435, 594 N.E.2d 929;People v. Flores, 40 A.D.3d 876, 877, 836 N.Y.S.2d 273), we reach it in the exercise of our interest of justice ......
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People v. Callahan
...if they are not raised in a timely manner before the trial court as required by CPL 470.05(2) (compare, People v. Proctor, 79 N.Y.2d 992, 584 N.Y.S.2d 435, 594 N.E.2d 929; People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Green, 54 N.Y.2d 878, 444 N.Y.S.2d 908......
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