People v. Nails

Appellate Division of the Supreme Court of New York

People v. Nails

196 A.D.2d 439, 601 N.Y.S.2d 280, 1993 N.Y. App. Div. LEXIS 8059

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

DecidedAugust 12, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 439 (People v. Nails) 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. Nails, 196 A.D.2d 439, 601 N.Y.S.2d 280, 1993 N.Y. App. Div. LEXIS 8059 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Richard Lowe, III, J.), rendered September 17, 1991, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

After pleading guilty, defendant was informed that the People would file a predicate felony statement. Defendant informed the court that he would not challenge the predicate felony statement, and the court immediately proceeded to impose sentence. There is no merit to defendant’s argument that it is reversible error to impose sentence without awaiting the filing of a predicate felony statement. The People’s failure to file it is rendered harmless where "[t]he statutory purposes for filing a predicate statement (CPL 400.21) have been satisfied, to wit: apprising the court of the prior conviction and providing defendant with reasonable notice and an opportunity to be heard” (People v Bouyea, 64 NY2d 1140, 1142). Concur—Carro, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

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Judgment, Supreme Court, New York County (Richard Lowe, III, J.), rendered September 17, 1991, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

After pleading guilty, defendant was informed that the People would file a predicate felony statement. Defendant informed the court that he would not challenge the predicate felony statement, and the court immediately proceeded to impose sentence. There is no merit to defendant’s argument that it is reversible error to impose sentence without awaiting the filing of a predicate felony statement. The People’s failure to file it is rendered harmless where "[t]he statutory purposes for filing a predicate statement (CPL 400.21) have been satisfied, to wit: apprising the court of the prior conviction and providing defendant with reasonable notice and an opportunity to be heard” (People v Bouyea, 64 NY2d 1140, 1142). Concur—Carro, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

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Bluebook (online)

196 A.D.2d 439, 601 N.Y.S.2d 280, 1993 N.Y. App. Div. LEXIS 8059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nails-nyappdiv-1993.

Opinion

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