105 Misc. 2d 437 | N.Y. Sup. Ct. | 1980
OPINION OF THE COURT
Defendant makes this motion challenging the use of an earlier felony conviction (Indictment No. 4327/76) for purposes of determining his status pursuant to CPL 400.21 and section 70.06 of the Penal Law. He maintains that because he was not informed at the time he entered his earlier guilty plea that should he be convicted of another felony within 10 years of the time of sentence, he would face enhanced punishment as a multiple felony offender, that conviction cannot be here used as a predicate felony.
People v Nixon (21 NY2d 338) and its companion cases, held that while no uniform catechism is required in the acceptance of a guilty plea, the defendant must knowingly and intelligently enter such a plea, being informed of the rights he is giving up thereby.
However, in taking a guilty plea, a court need not inform a defendant of all the collateral consequences of the
The defendant relies on two decisions denying the use of a guilty plea as the basis for a predicate felony finding for the failure of the trial court to fully inform the defendant when taking his plea (People v Brown, 67 AD2d 949; People v Sheppard, Indictment No. 2488/79, Supreme Ct., NY County, March 7, 1980). Those cases are easily distinguishable. In Sheppard (supra), the defendant was not informed of any of the constitutional rights he was waiving by his plea of guilty. In Brown, (supra), the Appellate Division found that the trial court did not sufficiently explore the defendant’s knowledge of the consequences and. alternatives to his plea. Neither court grounded its decision exclusively upon a failure of the trial court to advise in respect of the nature of predicate felony punishment.
On the basis of the foregoing, this court finds that the plea allocution was adequate and that the conviction should not be set aside.