People v. Alston
| Citation | 289 A.D.2d 339,734 N.Y.S.2d 583 |
| Court | New York Supreme Court — Appellate Division |
| Decision Date | 10 December 2001 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JAMES ALSTON, Appellant. |
O'Brien, J. P., Florio, Schmidt and Smith, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that he was improperly adjudicated a second felony offender is unpreserved for appellate review (see, People v Proctor, 79 NY2d 992; People v Smith, 73 NY2d 961; cf., People v Samms, 95 NY2d 52). In any event, the County Court substantially complied with the requirements of CPL 400.21 (see, People v Bouyea, 64 NY2d 1140). The County Court's failure to specifically ask the defendant if he wished to controvert the allegations in the predicate felony statement was a harmless oversight, as the defendant admitted he was the person convicted of the prior felony, the sentence promised as part of the plea agreement was based on his status as a second felony offender, and he has not alleged any grounds to controvert the predicate felony statement (see, People v Hickman, 276 AD2d 563; People v Mann, 258 AD2d 738).
The defendant's challenge to the voluntariness of his plea is unpreserved for appellate review (see, People v Pellegrino, 60 NY2d 636), and in any event, is without merit (see, People v Hickman, supra).
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