| People v Mitchell |
| 2014 NY Slip Op 03702 [117 AD3d 970] |
| May 21, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Layshawn Mitchell, Also Known as William Taylor,Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), forappellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John Castellano,Johnnette Traill, and Christopher J. Blira-Koessler of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County(Blumenfeld, J.), imposed July 12, 2012, upon his conviction of attempted criminalsexual act in the first degree, upon his plea of guilty, the resentence being a term ofimprisonment of 17 years to life as a persistent violent felony offender, nunc pro tunc toNovember 13, 2006.
Ordered that the resentence is affirmed.
The Supreme Court properly adjudicated the defendant to be a persistent violentfelony offender based on his 1987 and 1999 convictions. The defendant is estopped fromchallenging his 1987 conviction because he did not challenge its constitutionality in1998, when it served as the predicate for his sentencing in 1999 as a second violentfelony offender (see CPL 400.15 [8]; People v Rodriguez, 49 AD3d 903 [2008]; People v Adelman, 36 AD3d926 [2007]). Contrary to the defendant's contention, at the 1998 predicateadjudication, he was afforded notice and an opportunity to be heard in connection withthe 1987 conviction (see Peoplev Luisi, 81 AD3d 980 [2011]). The Supreme Court was not required to explainto him his right to raise a constitutional challenge to the 1987 conviction (see Peoplev Wallace, 188 AD2d 499 [1992]; People v Froats, 163 AD2d 906 [1990];People v Leonard, 109 AD2d 754 [1985]; People v English, 75 AD2d981 [1980]).
The defendant's remaining contention is without merit. Mastro, J.P., Skelos, Cohenand LaSalle, JJ., concur.