| People v Wood |
| 2013 NY Slip Op 05335 [108 AD3d 932] |
| July 18, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vPatrick Wood, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered October 27, 2010, upon a verdict convicting defendant of the crime of rapein the second degree.
Following a jury trial, defendant was convicted of rape in the second degree andthereafter was sentenced, as a second violent felony offender, to seven years in prisonfollowed by five years of postrelease supervision. Defendant appeals, contending onlythat he was illegally sentenced as a second violent felony offender due to County Court'sfailure to advise him of his right to challenge the allegations contained in the predicatefelony statement (see CPL 400.21 [3]), including his right to challenge theconstitutional basis for the prior conviction.
Contrary to defendant's assertion, "County Court was not obligated to expresslyadvise defendant of his right to contest the constitutionality of the prior conviction"(People v Smith, 121 AD2d 771, 772 [1986] [citations omitted]; see People vWest, 140 AD2d 852, 852 [1988]; People v Collins, 100 AD2d 691, 691[1984]). Further, the sentencing minutes reflect that defendant, who was represented bycounsel, admitted the prior conviction for assault in the second degree and, in response toquestioning by County Court, stated that he did not contest any of the allegationscontained in the predicate felony statement. Under these circumstances, we conclude thatCounty Court substantially complied with the requirements of CPL 400.21 (3) and [*2]that defendant was properly sentenced as a second violentfelony offender (see People vEllis, 53 AD3d 776, 777 [2008]).
Lahtinen, J.P., Spain and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.