People v. Smith

New York Court of Appeals

People v. Smith

538 N.E.2d 339, 73 N.Y.2d 961, 540 N.Y.S.2d 987, 1989 N.Y. LEXIS 312

New York Court of Appeals·Decided March 30, 1989·Published·Cited by 138 cases

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] predicate 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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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] predicate 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.

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).

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