Opinion
August 12, 1993
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
After pleading guilty, defendant was informed that the People would file a predicate felony statement. Defendant informed the court that he would not challenge the predicate felony statement, and the court immediately proceeded to impose sentence. There is no merit to defendant's argument that it is reversible error to impose sentence without awaiting the filing of a predicate felony statement. The People's failure to file it is rendered harmless where "[t]he statutory purposes for filing a predicate statement (CPL 400.21) have been satisfied, to wit: apprising the court of the prior conviction and providing defendant with reasonable notice and an opportunity to be heard" (People v Bouyea, 64 N.Y.2d 1140, 1142).
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Rubin, JJ.