| People v House |
| 2014 NY Slip Op 05571 [119 AD3d 1289] |
| July 31, 2014 |
| Appellate Division, Third Department |
[*1]
| 1 The People of the State of New York, Respondent, vJames House, 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 11, 2012, convicting defendant upon his plea of guilty of the crimeof criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal saleof a controlled substance in the third degree. Under the terms of the plea agreement, hewas to be sentenced as a second felony offender to seven years in prison to be followedby three years of postrelease supervision. He was sentenced accordingly and nowappeals.
Defendant contends that he should not have been sentenced as a second felonyoffender because County Court did not give him the opportunity to contest theallegations contained in the prior felony information in violation of CPL 400.21 (3).Defendant has not preserved this claim for our review as he failed to raise an objection atsentencing (see People vDeschaine, 116 AD3d 1303, 1303 [2014], lv denied 23 NY3d 1019 [2014]; People vMorse, 111 AD3d 1161, 1161 [2013]). Were we to consider this issue, wewould find that there was substantial compliance with the statutory requirements (seePeople v Morse, 111 AD3d at 1161; People v Gathers, 106 AD3d 1333, 1334 [2013], lvdenied 21 NY3d 1073 [2013]; People v Walton, 101 AD3d 1489, 1490 [2012], lvdenied 20 NY3d 1105 [2013]).
Peters, P.J., McCarthy, Rose, Lynch and Devine, JJ., concur. Ordered that thejudgment is affirmed.