Opinion
July 8, 1998
Appeal from Judgment of Jefferson County Court, Clary, J. — Criminal Possession Controlled Substance, 5th Degree.
Present — Denman, P.J., Pine, Hayes, Pigott, Jr., and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to move to withdraw his plea or vacate the judgment of conviction, and thus the issue of the voluntariness of the plea is not preserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662, 665-666; People v. Johnson, 251 A.D.2d 996; People v. Perez, 228 A.D.2d 821, 822-823, lv denied 88 N.Y.2d 968). We reject the contention of defendant that County Court failed to follow the procedures of CPL 400.21 in sentencing him as a second felony offender. The record supports the People's contention that a second felony offender statement was filed. In any event, even if the People failed to file the statement, the error is harmless in light of the fact that defendant was provided reasonable notice and an opportunity to be heard ( see, People v. Bouyea, 64 N.Y.2d 1140, 1142).