Opinion
January 15, 1998
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant failed to raise any issue in the trial court respecting compliance with the procedures set forth in CPL 400.21, and his claim that the trial court never explicitly asked him whether he wished to controvert any allegation made in the predicate felony statement is therefore not preserved for appellate review ( People v. Pellegrino, 60 N.Y.2d 636; People v. Velez, 206 A.D.2d 258, lv denied 84 N.Y.2d 940), and we decline to review it in the interest of justice. Were we to review this claim, we would find it to be without merit. A predicate felony statement was served on defendant and filed, the prior conviction of robbery in the first degree appeared on his NYSIIS sheet and was mentioned in his presentence report, and defendant did not dispute his status as a second felony offender ( see, People v. Bouyea, 64 N.Y.2d 1140; People v. Perez, 245 A.D.2d 143) who had served a State prison term.
Concur — Sullivan, J.P., Rosenberger, Andrias and Colabella, JJ.