Opinion
May 12, 1992
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant was properly sentenced as a second felony offender. His failure of recollection at sentencing was not a clearly articulated challenge to the allegation that he had been previously convicted of the prior felony and, since uncontradicted allegations in a predicate felony statement are deemed true, defendant's claim of error on appeal has not been preserved (CPL 400.21; People v. Bell, 173 A.D.2d 218, 219, lv denied 78 N.Y.2d 962). In any event, the record being clear that defendant is in fact the person named in the predicate felony statement, there was no need for the trial court to conduct a full hearing (People v. Sailor, 65 N.Y.2d 224, 235).
Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Smith, JJ.