| People v Wilkins |
| 2014 NY Slip Op 04083 [118 AD3d 1038] |
| June 5, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vChauncey Wilkins, Also Known as CP, Also Known as Shanks,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.
Egan Jr., J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered October 3, 2012, convicting defendant upon his plea of guilty of the crimeof criminal sale of a controlled substance in the third degree.
Pursuant to a negotiated plea agreement, defendant pleaded guilty to criminal sale ofa controlled substance in the third degree and thereafter was sentenced as a second felonyoffender to eight years in prison, followed by three years of postrelease supervision.Defendant now appeals, challenging only the propriety of having been sentenced as asecond felony offender.
We affirm. Contrary to his contention, " 'County Court was not obligated toexpressly advise defendant of his right to contest the constitutionality of the priorconviction' " (People vWood, 108 AD3d 932, 932-933 [2013], quoting People v Smith, 121AD2d 771, 772 [1986]; see People v Wallace, 188 AD2d 499, 500 [1992];People v West, 140 AD2d 852, 852 [1988]). Here, the record reveals thatdefendant was provided with the prior felony information before sentencing and, whilerepresented by counsel during sentencing, declined to deny or controvert any of theallegations in the information. Accordingly, County Court substantially complied withthe requirements of CPL 400.21 (3), and defendant was properly [*2]sentenced as a second felony offender (see People vWood, 108 AD3d at 933).
Stein, J.P., McCarthy and Rose, JJ., concur. Ordered that the judgment isaffirmed.