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People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1998
246 A.D.2d 401 (N.Y. App. Div. 1998)

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.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1998
246 A.D.2d 401 (N.Y. App. Div. 1998)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HARRIS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 15, 1998

Citations

246 A.D.2d 401 (N.Y. App. Div. 1998)
666 N.Y.S.2d 427

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