Opinion
2012-08-17
The PEOPLE of the State of New York, Respondent, v. Patrick GUILLORY, also known as Timothy Hunter, Defendant–Appellant.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti,A.J.), rendered February 27, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree. Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for defendant–appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti,A.J.), rendered February 27, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for defendant–appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him, upon his guilty plea, of burglary in the third degree (Penal Law § 140.20), defendant contends that his sentence must be vacated because he was sentenced as a second felony offender and the People did not file a predicate felony offender statement, as required by CPL 400.21. Defendant failed to preserve that contention for our review ( see People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938;People v. Butler, 96 A.D.3d 1367, 1368, 946 N.Y.S.2d 343;People v. Mateo, 53 A.D.3d 1111, 1112, 861 N.Y.S.2d 904,lv. denied11 N.Y.3d 791, 866 N.Y.S.2d 617, 896 N.E.2d 103). In any event, by admitting in open court that he had been convicted of a prior felony offense in New York within the past 10 years, defendant waived strict compliance with CPL 400.21 ( see People v. Perez, 85 A.D.3d 1538, 1541, 924 N.Y.S.2d 704;People v. Vega, 49 A.D.3d 1185, 1186, 852 N.Y.S.2d 910,lv. denied10 N.Y.3d 965, 863 N.Y.S.2d 149, 893 N.E.2d 455).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.