Opinion
2001-00802
Submitted November 16, 2001.
December 10, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (Gulotta, J.), rendered August 29, 2000, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
MARK DIAMOND, New York, N.Y., for appellant.
DENIS DILLON, District Attorney, Mineola, N.Y. (DOUGLAS NOLL and LAWRENCE J. SCHWARZ of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
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 N.Y.2d 992; People v. Smith, 73 N.Y.2d 961; cf., People v. Samms, 95 N.Y.2d 52). In any event, the County Court substantially complied with the requirements of CPL 400.21 (see, People v. Bouyea, 64 N.Y.2d 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 A.D.2d 563; People v. Mann, 258 A.D.2d 738).
The defendant's challenge to the voluntariness of his plea is unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636), and in any event, is without merit (see, People v. Hickman, supra).
O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.