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People v. Page

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 580 (N.Y. App. Div. 1999)

Opinion

Argued September 7, 1999

October 28, 1999

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.).


ORDERED that the judgment is affirmed.

The defendant contends that the County Court failed to follow the proper procedure to adjudicate him a persistent felony offender (see, CPL 400.20). Having failed to raise this claim before the County Court, the defendant has not preserved it for appellate review (see, CPL 470.05[2]; People v. Callahan, 80 N.Y.2d 273 ). In any event, we find no violation of CPL 400.20 in the District Attorney's preparation of the requisite notice of the hearing, and the order and statement of the court setting forth the defendant's previous convictions and background (see, CPL 400.20[3], [4]). Upon reviewing the statement submitted for its consideration, the court signed the proposed order directing a persistent felony offender hearing (see, CPL 400.20[2], [3]) and, upon the evidence submitted at the hearing, properly determined that the history and character of the defendant and the nature and circumstances of his criminal conduct are such that extended incarceration and lifetime supervision of the defendant are warranted to best serve the public interest (see, CPL 400.20[1], [5]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

People v. Page

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 580 (N.Y. App. Div. 1999)
Case details for

People v. Page

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DALE PAGE, appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 580 (N.Y. App. Div. 1999)
696 N.Y.S.2d 883

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