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People v. Woodall

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 921 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Onondaga County Court, Burke, J.

Present — Callahan, J.P., Denman, Green, Pine and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's claim that he was sentenced improperly is without merit. The People filed a predicate felony information and, prior to sentencing, defendant was asked if he wished to controvert the charges in the information. Defendant, by standing mute, admitted the charges and no hearing was required (CPL 400.21; People v Santana, 104 A.D.2d 677; see also, People v Tumminia, 101 A.D.2d 605). At sentencing, defendant again elected to stand mute, and the court properly imposed sentences based upon defendant's status as a second felony offender.

We have reviewed the remaining claims advanced in the brief submitted by defendant's counsel and in defendant's pro se supplemental brief, and conclude that the issues either were not preserved for appeal (CPL 470.05) or that they lack merit.


Summaries of

People v. Woodall

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1988
145 A.D.2d 921 (N.Y. App. Div. 1988)
Case details for

People v. Woodall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN L. WOODALL…

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

Date published: Dec 23, 1988

Citations

145 A.D.2d 921 (N.Y. App. Div. 1988)

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