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People v. Smith

538 N.E.2d 339, 73 N.Y.2d 961, 540 N.Y.S.2d 987, 1989 N.Y. LEXIS 312
CourtNew York Court of Appeals
DecidedMarch 30, 1989
StatusPublished
Cited by138 cases

This text of 538 N.E.2d 339 (People v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smith, 538 N.E.2d 339, 73 N.Y.2d 961, 540 N.Y.S.2d 987, 1989 N.Y. LEXIS 312 (N.Y. 1989).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed for the reasons stated in that court’s memorandum (138 AD2d 972).

We would only add that defendant failed to timely raise the issue of whether he was properly sentenced as a second felony offender by not controverting the allegations in the [963]*963predicate felony statement (CPL 400.21 [3]). Accordingly, any question concerning whether defendant’s prior conviction of kidnapping under 18 USC § 1201 is equivalent to his conviction of a felony in New York has not been preserved for our review.

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Cite This Page — Counsel Stack

Bluebook (online)
538 N.E.2d 339, 73 N.Y.2d 961, 540 N.Y.S.2d 987, 1989 N.Y. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-ny-1989.