Appellate Division of the Supreme Court of New York, 1985

People v. Leonard

Appellate Division of the Supreme Court of New York · Decided March 4, 1985

109 A.D.2d 754; 486 N.Y.S.2d 69; 1985 N.Y. App. Div. LEXIS 47241

Cases that cite this one

9 later published cases cite this decision.

People v. Butler (Appellate Division of the Supreme Court of New York 2015)
People v. Mitchell (Appellate Division of the Supreme Court of New York 2014)
People v. Mitchell (Appellate Division of the Supreme Court of New York 2014)
People v. Nicholas (Appellate Division of the Supreme Court of New York 2004)
People v. Pinero (Appellate Division of the Supreme Court of New York 1998)
People v. Hurtado (Appellate Division of the Supreme Court of New York 1990)
People v. Lennon (Appellate Division of the Supreme Court of New York 1986)
People v. Smith (Appellate Division of the Supreme Court of New York 1986)
People v. King (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Appeal by defendant from three judgments of the County Court, Rockland County (Edelstein, J.), all rendered January 5, 1983, convicting him of criminal sale of a controlled substance in the fifth degree (three counts), upon his pleas of guilty, and imposing sentences as a second felony offender.

Judgments affirmed.

Under the circumstances of this case, in which defendant voluntarily admitted his prior felony conviction, the sentencing *755court acknowledged and discussed the conviction on the record, and the People filed a second felony offender statement pursuant to CPL 400.21, the fact that the sentencing court failed to inquire of defendant whether he wished to contest the constitutionality of his prior felony conviction, although such inquiry is the preferred practice, does not warrant disturbance of the sentences imposed (see, People v Harris, 61 NY2d 9; People v Lattmen, 101 AD2d 662; People v Collins, 100 AD2d 691; People v Provost, 76 AD2d 944). Additionally, the record indicates that defendant was given an opportunity to make a statement prior to the pronouncement of sentence pursuant to CPL 380.50, contrary to his contention on appeal. Gibbons, J. P., Weinstein, Brown and Eiber, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.