Opinion
December 16, 1985
Appeal from the Supreme Court, Queens County (Rotker, J.).
Sentence affirmed.
Defendant contends that his 1973 felony conviction could not serve as a basis for sentencing him as a second felony offender because prior to the plea resulting in the original felony conviction he was not advised that he would thereafter be subject to enhanced punishment for a subsequent felony conviction. This contention is without merit.
Since defendant was fully informed at his 1973 plea allocution of the waiver of his constitutional rights, this prior conviction was the result of a knowing, voluntary and intelligent guilty plea and could properly serve as the basis for enhanced punishment (see, People v Towles, 110 A.D.2d 729; People v Sargent, 100 A.D.2d 978). As the Fourth Department has noted in this connection, the fact "[t]hat a defendant is subject to an enhanced sentence for a crime he may commit in the future is a collateral consequence of his plea and not the type of consequence about which he must be advised" (People v Sirianni, 89 A.D.2d 775; see also, People v McGrath, 43 N.Y.2d 803, 804). Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.