People v. Vianale

• Decision Date: 11 March 1991
• Citation: 171 A.D.2d 767,567 N.Y.S.2d 377
• Parties: The PEOPLE, etc., Respondent, v. Brian VIANALE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 377

567 N.Y.S.2d 377

171 A.D.2d 767

The PEOPLE, etc., Respondent, v. Brian VIANALE, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

March 11, 1991

Jay K. Weiss, Brooklyn, for appellant. William L. Murphy, Dist. Atty., Staten Island (Jonathan J. Silbermann and Barbara Ponterio, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Sullivan, J.), rendered June 12, 1986, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant asserts that he was incapacitated or otherwise unable to comprehend the proceedings wherein he pleaded guilty and upon which his predicate felony conviction was based. The Supreme Court correctly determined that there was no substantive basis to this claim and properly denied the defendant's challenge to his status as a predicate felon (see, People v. Buckley, 139 A.D.2d 589, 527 N.Y.S.2d 83; People v. Gosso, 130 A.D.2d 683, 516 N.Y.S.2d 20; People v. Nance, 110 A.D.2d 857, 488 N.Y.S.2d 257; see also, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).

BRACKEN, J.P., and LAWRENCE, EIBER, HARWOOD and ROSENBLATT, JJ., concur.