| People v Bonaventure |
| 2014 NY Slip Op 03710 [117 AD3d 1281] |
| May 22, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vMarc Bonaventure, Appellant. |
Andrew Kossover, Public Defender, Kingston (Michael K. Gould of counsel), forappellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered September 12, 2012, convicting defendant upon his plea of guilty of the crimeof criminal sale of a controlled substance in the third degree.
In full satisfaction of a four-count indictment, defendant pleaded guilty to criminalsale of a controlled substance in the third degree. He thereafter was sentenced as a priorfelony offender to nine years in prison, to be followed by three years of postreleasesupervision. Defendant now appeals.
Defendant's sole contention on appeal is that he was illegally sentenced as a priorfelony offender due to County Court's failure to advise him of the right to challenge theallegations in the predicate felony statement, including the right to challenge theconstitutional basis for the prior conviction. Contrary to defendant's contention, however,"County Court was not obligated to expressly advise defendant of his right to contest theconstitutionality of the prior conviction" (People v Smith, 121 AD2d 771, 772[1986] [citations omitted]; accord People v Wood, 108 AD3d 932, 932-933 [2013]).Moreover, the record reflects that, upon being questioned by County Court at sentencing,defense counsel admitted the prior conviction on defendant's behalf and informed thecourt that defendant did not contest the allegations in the prior felony statement. Further,when questioned directly by County Court, defendant admitted the prior conviction forattempted criminal possession of a controlled substance in the fourth degree. [*2]Accordingly, we conclude that the statutory requirements ofCPL 400.21 (3) were substantially complied with, and County Court properly sentenceddefendant as a prior felony offender (see People v Wood, 108 AD3d at 933).
Stein, J.P., McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.