Opinion
No. 2017-10127 Ind. No. 35/17
01-18-2023
The People of the State of New York, respondent, v. David A. Whitted, appellant.
Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
BETSY BARROS, J.P. JOSEPH J. MALTESE DEBORAH A. DOWLING HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered August 7, 2017, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention, in effect, that the County Court failed to comply with CPL 400.21 before he was sentenced as a second felony drug offender is unpreserved for appellate review (see CPL 470.05[2]; People v Proctor, 79 N.Y.2d 992; People v Santos, 199 A.D.3d 717, 719; People v Carpenter, 52 A.D.3d 729, 730). In any event, the defendant's contention is without merit, as the statutory purposes of CPL 400.21 were met and the court substantially complied with the statute (see People v Bouyea, 64 N.Y.2d 1140, 1142; People v Cobb, 145 A.D.3d 738, 739). The court provided the defendant with notice of the predicate felony statement and an opportunity to be heard prior to sentencing. Furthermore, the defendant admitted to the allegations in the predicate felony statement, and there is no indication that the defendant contemplated a challenge to the constitutionality of his prior conviction (see People v Smothers, 175 A.D.3d 1441, 1442; People v Rodriguez, 142 A.D.3d 1189, 1190).
BARROS, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.