People v. Seifert

Decision Date15 March 1995
Citation627 N.Y.S.2d 337,85 N.Y.2d 914
Parties, 650 N.E.2d 1339 People v. Stephen Seifert
CourtNew York Court of Appeals Court of Appeals

Titone, J.

209 A.D.2d 555, 619 N.Y.S.2d 86

App.Div. 2, Kings 11/14/94

Denied.

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3 cases
  • Seifert v. Keane, 97-CV-749 (ARR).
    • United States
    • U.S. District Court — Eastern District of New York
    • July 27, 1999
    ...10, 1995, petitioner's application for leave to appeal the decision to the Court of Appeals was denied. See People v. Seifert, 85 N.Y.2d 914, 627 N.Y.S.2d 337, 650 N.E.2d 1339 (1995). On January 31, 1995, pursuant to N.Y.Crim.Proc.Law § 440.20, the petitioner moved the trial court to set as......
  • People v. Hicks
    • United States
    • New York Supreme Court — Appellate Division
    • April 18, 1996
    ... ... Normally, this would mean that, in the current matter, defendant would be estopped from challenging the 1980 conviction since it had been found to constitute a predicate felony in 1984 (see, People v. Seifert, 209 A.D.2d 555, 619 N.Y.S.2d 86, lv. denied 85 N.Y.2d 914, 627 N.Y.S.2d 337, 650 N.E.2d 1339; People v. Wallace, 206 A.D.2d 825, 615 N.Y.S.2d 194, lv. denied 84 N.Y.2d 834, 617 N.Y.S.2d 154, 641 N.E.2d 175; People v. Cole, 165 A.D.2d 737, 564 N.Y.S.2d 263, lv. denied 76 N.Y.2d 1020, 565 N.Y.S.2d ... ...
  • People v. Wilson
    • United States
    • New York Supreme Court — Appellate Division
    • September 27, 1996
    ... ... Where there has been a prior finding that a particular conviction is a predicate violent felony conviction, defendant cannot challenge that finding in a subsequent proceeding to adjudicate him a persistent violent felony offender (see, CPL 400.15[8]; People v. Seifert, 209 A.D.2d 555, 556, 619 N.Y.S.2d 86, lv. denied 85 N.Y.2d 914, 627 N.Y.S.2d 337, 650 N.E.2d 1339; People v. Johnson, 196 A.D.2d 408, 409, 601 N.Y.S.2d 103, lv. denied82 N.Y.2d 806, 604 N.Y.S.2d 942, 624 N.E.2d 1037; People v. Cole, 165 A.D.2d 737, 738, 564 N.Y.S.2d 263, lv. denied 76 N.Y.2d ... ...