People v. Nery

Appellate Division of the Supreme Court of New York

People v. Nery

294 A.D.2d 141, 740 N.Y.S.2d 883, 2002 N.Y. App. Div. LEXIS 4665

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

DecidedMay 7, 2002

StatusPublished

This text of 294 A.D.2d 141 (People v. Nery) 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. Nery, 294 A.D.2d 141, 740 N.Y.S.2d 883, 2002 N.Y. App. Div. LEXIS 4665 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered September 22, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale 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.

Although the People did not file a predicate felony statement, defendant’s affirmative acknowledgments at both his plea and sentencing that he was a second felony offender established that he was provided with reasonable notice and an opportunity to be heard, and that the court was informed of the prior conviction. Therefore, the statutory purposes of CPL 400.21 were satisfied (see, People v Bouyea, 64 NY2d 1140, 1142). Concur—Tom, J.P., Mazzarelli, Buckley, Lerner and Gonzalez, JJ.

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—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered September 22, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale 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.

Although the People did not file a predicate felony statement, defendant’s affirmative acknowledgments at both his plea and sentencing that he was a second felony offender established that he was provided with reasonable notice and an opportunity to be heard, and that the court was informed of the prior conviction. Therefore, the statutory purposes of CPL 400.21 were satisfied (see, People v Bouyea, 64 NY2d 1140, 1142). Concur—Tom, J.P., Mazzarelli, Buckley, Lerner and Gonzalez, JJ.

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Bluebook (online)

294 A.D.2d 141, 740 N.Y.S.2d 883, 2002 N.Y. App. Div. LEXIS 4665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nery-nyappdiv-2002.

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