47 A.D.2d 989 | N.Y. App. Div. | 1975
Judgment unanimously affirmed. Memorandum: From the facts in the record it appears that when the plea was taken to a reduced charge, the court represented that the maximum penalty that could be imposed for that charge was four years. Thereafter, upon receiving a copy of defendant’s prior record showing numerous prior convictions, it gave notice to defendant pursuant to CPL 400.20 that a hearing would be held to determine whether he should be found to be a persistent felony offender, and if so found, whether the facts in defendant’s background and prior criminal conduct, of which he was apprised, required that he be subjected to extended incarceration and lifetime supervision. The allegations of defendant’s prior criminal convictions were uncontroverted by defendant and no claim was made of any constitutional deprivation in connection with any prior conviction. Having been put on notice by the court of the possibility of