| People v Scott |
| 2019 NY Slip Op 03629 [172 AD3d 912] |
| May 8, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Dangelo Scott, Appellant. |
Arleen Lewis, Blauvelt, NY, for appellant.
Kevin P. Gilleece, Acting District Attorney, New City, NY (Tina L. Guccione of counsel),for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (WilliamA. Kelly, J.), rendered June 29, 2016, convicting him of criminal possession of a weapon in thesecond degree and criminal possession of a weapon in the third degree (two counts), upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that he is entitled to a hearing to determine whether he was properlysentenced as a second violent felony offender (see Penal Law § 70.04 [1] [b][iv], [v]; CPL 400.15). At the sentencing proceeding, however, after reviewing the predicatefelony statement and other information presented by the People regarding the prior convictionand period of incarceration served thereon, the defendant admitted the facts alleged in thepredicate felony statement and that the prior conviction was imposed within 10 years before thecommission of the current offenses (see Penal Law § 70.04 [1] [b] [iv], [v]).Since the defendant did not controvert any of these allegations, a hearing to determine whetherthe defendant was a second violent felony offender was not required (see CPL 400.15[4]). Rivera, J.P., Balkin, Austin and Miller, JJ., concur.