| People v Smothers |
| 2019 NY Slip Op 06633 [175 AD3d 1441] |
| September 18, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Alvin Smothers, Appellant. |
Samuel S. Coe, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Christine DiSalvo andWilliam C. Milaccio of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (BarbaraGunther Zambelli, J.), rendered September 13, 2017, convicting him of robbery in the seconddegree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the County Court failed to establish that he was a secondfelony offender and failed to comply with CPL 400.21 before he was sentenced as a secondfelony offender is unpreserved for appellate review (see CPL 470.05 [2]; People vProctor, 79 NY2d 992, 994 [1992]; People v Pellegrino, 60 NY2d 636, 637 [1983];People v Luisi, 81 AD3d 980[2011]; People v Steven B., 81AD3d 843, 844 [2011]). In any event, the defendant's contention is without merit, as thestatutory purposes of CPL 400.21 were met and the court substantially complied with the statute(see People v Bouyea, 64 NY2d 1140, 1142 [1985]; People v Cobb, 145 AD3d 738, 739 [2016]). The court providedthe defendant with notice of the predicate felony statement and an opportunity to be heard.Furthermore, the defendant admitted the allegations in the predicate felony statement, and thereis no indication that the defendant contemplated a challenge to the constitutionality of his priorconviction (see People v Rodriguez,142 AD3d 1189 [2016]; People vEarl, 133 AD3d 875 [2015]; People v Laterza, 129 AD3d 1105 [2015]; People v Evans, 121 AD3d 1012,1013 [2014]; People v Jackson, 114AD3d 807, 809 [2014]; People vWinslow, 100 AD3d 1031 [2012]; People v Luisi, 81 AD3d at 980; People v McAllister, 47 AD3d731, 732 [2008]). Austin, J.P., Leventhal, Roman and LaSalle, JJ., concur.