| People v Rodriguez |
| 2008 NY Slip Op 02870 [49 AD3d 903] |
| March 25, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JorgeRodriguez, Also Known as George Rodriguez, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), forrespondent.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court,Rockland County (Nelson, J.), imposed July 12, 2006, upon his conviction of burglary in thesecond degree and criminal possession of stolen property in the fifth degree, upon a jury verdict.
Ordered that the sentence is affirmed.
The County Court properly found the defendant to be a persistent violent felony offenderbased on his 1985 and 1996 convictions. The defendant is estopped from challenging his 1985conviction because he did not challenge its constitutionality in 1996, when it served as thepredicate for his sentencing as a second violent felony offender (see CPL 400.15 [8];People v Adelman, 36 AD3d 926, 928 [2007]; People v Mastropietro, 198 AD2d443, 443-444 [1993]). With respect to the 1996 conviction, the defendant contends that it cannotserve as a predicate because he was not advised that his guilty plea would subject him tomandatory, enhanced punishment upon his conviction of another violent felony. This contentionis without merit. The possibility of enhanced punishment for a crime that may be committed inthe future is a collateral consequence of the plea, and the court has no duty to inform thedefendant of such a consequence (see People v Ford, 86 NY2d 397, 403 [1995];People v McGrath, 43 NY2d 803, 804 [1977]; People v Depeyster, 115 AD2d613 [1985]).
The defendant's remaining contentions are without merit. Skelos, J.P., Angiolillo, Leventhaland Belen, JJ., concur.