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People v. Andre

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1987
132 A.D.2d 560 (N.Y. App. Div. 1987)

Opinion

July 6, 1987

Appeal from the Supreme Court, Queens County (Brennan, J.).


Ordered that the judgments are affirmed.

The defendant failed to raise his objections to the adequacy of his plea allocutions in the court of first instance and, accordingly, has not preserved his claim for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Banks, 117 A.D.2d 611, lv denied 67 N.Y.2d 939; People v. Buchicchio, 116 A.D.2d 729, lv denied 67 N.Y.2d 940). A reversal in the interest of justice is not warranted (see, People v. Greenridge, 129 A.D.2d 585; People v. Soto, 111 A.D.2d 836; People v. Nasti, 90 A.D.2d 507; People v. Ebron, 87 A.D.2d 653).

The defendant contends that the court erred in sentencing him as a second felony offender on the ground that his prior felony conviction was constitutionally infirm. He was fully advised of his right to a hearing to controvert the predicate felony statement filed by the People, including the right to challenge the constitutionality of his prior conviction. "His failure to object to, or controvert the use of, his prior felony conviction as a predicate felony, or request a hearing thereon, was a waiver of his right to challenge that conviction and its validity" (People v. Banks, 117 A.D.2d 611, lv denied 67 N.Y.2d 939, supra; see also, People v. Mumit, 106 A.D.2d 411; People v. Barnes, 99 A.D.2d 877; CPL 400.21, [7] [b]). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Andre

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1987
132 A.D.2d 560 (N.Y. App. Div. 1987)
Case details for

People v. Andre

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD ANDRE, Appellant

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

Date published: Jul 6, 1987

Citations

132 A.D.2d 560 (N.Y. App. Div. 1987)

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