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People v. Knaack

204 A.D.2d 1014, 614 N.Y.S.2d 955, 1994 N.Y. App. Div. LEXIS 6833
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 27, 1994
StatusPublished

This text of 204 A.D.2d 1014 (People v. Knaack) 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. Knaack, 204 A.D.2d 1014, 614 N.Y.S.2d 955, 1994 N.Y. App. Div. LEXIS 6833 (N.Y. Ct. App. 1994).

Opinion

—Judgment unanimously affirmed. Memorandum: By failing to object at sentencing to the People’s failure to amend the predicate felony [1015]*1015statement to include a conviction for burglary in the third degree, defendant has failed to preserve for review his present argument that he was illegally sentenced as a second felony offender (see, People v Callahan, 80 NY2d 273, 281). Moreover, because defendant admitted the prior conviction and raised no constitutional challenge, it would be "futile and pointless” to remit the matter for resentencing (People v Bouyea, 64 NY2d 1140, 1142; see, People v Harris, 61 NY2d 9, 20; cf., People v Thomas, 113 AD2d 1029). (Appeal from Judgment of Onondaga County Court, Elliott, J.—Attempted Burglary, 2nd Degree.) Present—Pine, J. P., Lawton, Callahan, Doerr and Davis, JJ.

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Related

People v. Bouyea
480 N.E.2d 338 (New York Court of Appeals, 1985)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Thomas
113 A.D.2d 1029 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
204 A.D.2d 1014, 614 N.Y.S.2d 955, 1994 N.Y. App. Div. LEXIS 6833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-knaack-nyappdiv-1994.