Opinion
January 15, 2008.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered August 15, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement officials.
Before: Prudenti, P.J., Mastro, Santucci and Lifson, JJ.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant possessed a gravity knife in violation of Penal Law § 265.02 (1) ( see Penal Law § 265.02; § 265.00 [5]; § 265.01 [1]). Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
Contrary to the defendant's contention, the County Court substantially complied with the requirements of CPL 400.21 in adjudicating him a second felony offender ( see People v Alston, 289 AD2d 339). Since the defendant admitted that he was the person convicted of the predicate felony, and since there is no indication that the defendant contemplated a challenge to the constitutionality of his prior conviction ( see CPL 400.21 [b]), the Supreme Court's failure to make a formal inquiry as to whether he wished to controvert the allegations of the second felony offender statement was a harmless oversight ( see People v Flores, 40 AD3d 876, 878; People v Hickman, 276 AD2d 563, 564; People v Witherspoon, 155 AD2d 636, 637).
The hearing court properly denied that branch of the defendant's motion which was to suppress his statement to law enforcement officials ( see People v Bailey, 24 AD3d 684; People v Benjamin, 17 AD3d 688).
The defendant's remaining contention is without merit ( see CPL 200.60).