People v. Hall, 233 A.D.2d 946

—Judgment unanimously affirmed. Memorandum: At sentencing, defendant did not challenge either his status as a second felony offender or the accuracy of the dates set forth in the People’s CPL 400.21 statement. Defendant, therefore, has waived his present contention that the allegations in the statement are inaccurate and insufficient to support Supreme Court’s finding that defendant has been subjected to a predicate felony conviction (see, CPL 400.21 [3]; People v Khatib, 166 AD2d 668, 669). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.— Criminal Possession Controlled Substance, 5th Degree.) Present—Green, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

Case Details

Case Name: People v. Hall

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Nov 8, 1996

Citations: 233 A.D.2d 946; 649 N.Y.S.2d 882; 1996 N.Y. App. Div. LEXIS 13519

Court Abbreviation: N.Y. App. Div.