People v. Lenz

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL LENZ, Appellant

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

Date published: Nov 8, 1990

167 A.D.2d 625 (N.Y. App. Div. 1990)

562 N.Y.S.2d 856

Opinion

November 8, 1990

Appeal from the County Court of Broome County (Monserrate, J.).

Defendant cannot now complain of his adjudication as a second felony offender. He did not controvert the predicate felony statement although he was given the opportunity to do so; therefore, any question as to whether his prior conviction in Nebraska for robbery is equivalent to a felony conviction in New York has not been preserved for our review (see, People v. Smith, 73 N.Y.2d 961; People v. Blackwell, 151 A.D.2d 686).

Judgment affirmed. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.