| People v Brown |
| 2014 NY Slip Op 08449 [123 AD3d 732] |
| December 3, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Frank Brown, Appellant. |
Arza Feldman, Uniondale, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Robert H.Middlemiss of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(DeRosa, J.), rendered September 11, 2012, convicting him of criminal sale of acontrolled substance in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor and the County Court failed to complywith the procedures of CPL 400.21 before sentencing him as a second felony offender isunpreserved for appellate review, since the defendant did not move to vacate his plea orotherwise raise this issue in the sentencing court (see People v Proctor, 79 NY2d992, 994 [1992]; People v Smith, 73 NY2d 961, 962 [1989]; People v Gilbert, 114 AD3d874 [2014]; People vWinslow, 100 AD3d 1031 [2012]). In any event, the defendant's contention iswithout merit, as the prosecutor and the court substantially complied with CPL 400.21(see People v Bouyea, 64 NY2d 1140, 1142 [1985]). The court provided thedefendant with notice of the predicate felony statement and an opportunity to be heard.Furthermore, the defendant admitted the allegations in the predicate felony statement andacknowledged that he was not challenging the constitutionality of his prior conviction(see People v Bouyea, 64 NY2d at 1142; People v Winslow, 100 AD3d 1031 [2012]; People v Luisi, 81 AD3d980 [2011]; People vMerriman, 45 AD3d 700 [2007]). Dillon, J.P., Dickerson, Roman and Sgroi, JJ.,concur.