| People v Shelmandine |
| 2015 NY Slip Op 04172 [128 AD3d 1180] |
| May 14, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vShawn Shelmandine, Appellant. |
Kelly M. Monroe, Albany, for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Herrick, J.),rendered February 1, 2013, convicting defendant upon his plea of guilty of the crime ofgrand larceny in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to grand larcenyin the third degree. Under the terms of the plea agreement, he was permitted toparticipate in the drug court program and was advised that, if he successfully completedit, he would be allowed to withdraw his plea, plead guilty to petit larceny and besentenced to time served. Defendant was further advised that, if he did not successfullycomplete the drug court program, he would be sentenced as a nonviolent predicate felonyoffender to a prison term ranging from a maximum of 3
Defendant's sole contention is that County Court violated CPL 400.21 by failing toprovide him with a copy of his predicate felony offender statement prior to sentencinghim. However, given that he failed to raise an appropriate objection at sentencing, he hasnot preserved this claim for our review (see People v House, 119 AD3d 1289, 1290 [2014]; People v Morse, 111 AD3d1161, 1161 [2013], lv denied 23 NY3d 1040 [2014]). In any event, uponreviewing the record, we find that there was substantial compliance with the statutoryrequirement (see People v House, 119 AD3d at 1290; People v Walton, 101 AD3d1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]).
Peters, P.J., McCarthy, Egan Jr. and Clark, JJ., concur. Ordered that the judgment isaffirmed.