People v. Blair

Appellate Division of the Supreme Court of New York

People v. Blair

59 A.D.2d 767, 398 N.Y.S.2d 718, 1977 N.Y. App. Div. LEXIS 13806

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1977

StatusPublished

Cited by4 cases

This text of 59 A.D.2d 767 (People v. Blair) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Blair, 59 A.D.2d 767, 398 N.Y.S.2d 718, 1977 N.Y. App. Div. LEXIS 13806 (N.Y. Ct. App. 1977).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 19, 1976, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant-appellant’s application to withdraw his plea was without merit (see People v Francis, 38 NY2d 150). Similarly, his claim that he was entitled to a hearing pursuant to CPL 400.21 as to his status as a second felony offender is not supported by the record. Appellant twice admitted, when pleading guilty, that he understood he would be sentenced as a second felony offender. Defense counsel informed the court that appellant had been previously convicted of manslaughter. Strict compliance with CPL 400.21 is waived when a defendant admits in open court that he has a prior felony conviction (People v Bryant, 47 AD2d 51). Latham, J. P., Cohalan, Rabin and Hawkins, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 19, 1976, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant-appellant’s application to withdraw his plea was without merit (see People v Francis, 38 NY2d 150). Similarly, his claim that he was entitled to a hearing pursuant to CPL 400.21 as to his status as a second felony offender is not supported by the record. Appellant twice admitted, when pleading guilty, that he understood he would be sentenced as a second felony offender. Defense counsel informed the court that appellant had been previously convicted of manslaughter. Strict compliance with CPL 400.21 is waived when a defendant admits in open court that he has a prior felony conviction (People v Bryant, 47 AD2d 51). Latham, J. P., Cohalan, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

59 A.D.2d 767, 398 N.Y.S.2d 718, 1977 N.Y. App. Div. LEXIS 13806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blair-nyappdiv-1977.

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