Appellate Division of the Supreme Court of New York, 2013

People v. Wood

Appellate Division of the Supreme Court of New York · Decided July 18, 2013 · Egan

108 A.D.3d 932; 968 N.Y.S.2d 744

Cases that cite this one

14 later published cases cite this decision.

PeoplevDensmore (Appellate Division of the Supreme Court of New York 2014)
People v. Bonaventure (Appellate Division of the Supreme Court of New York 2014)
People v. Bonaventure (Appellate Division of the Supreme Court of New York 2014)
People v. Dixon (Appellate Division of the Supreme Court of New York 2014)
People v. Dixon (Appellate Division of the Supreme Court of New York 2014)
People v. Densmore (Appellate Division of the Supreme Court of New York 2014)
People v. Densmore (Appellate Division of the Supreme Court of New York 2014)
People v. Watson (Appellate Division of the Supreme Court of New York 2019)
People v. Ballard (Appellate Division of the Supreme Court of New York 2018)
People v. Melton (Appellate Division of the Supreme Court of New York 2016)
People v. Melton (Appellate Division of the Supreme Court of New York 2016)
PeoplevMcCaster (Appellate Division of the Supreme Court of New York 2014)
People v. McCaster (Appellate Division of the Supreme Court of New York 2014)
People v. McCaster (Appellate Division of the Supreme Court of New York 2014)

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

Egan Jr., J.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 27, 2010, upon a verdict convicting defendant of the crime of rape in the second degree.

Following a jury trial, defendant was convicted of rape in the second degree and thereafter was sentenced, as a second violent felony offender, to seven years in prison followed by five years of postrelease supervision. Defendant appeals, contending only that he was illegally sentenced as a second violent felony offender due to County Court’s failure to advise him of his right to challenge the allegations contained in the predicate felony statement (see CPL 400.21 [3]), including his right to challenge the constitutional basis for the prior conviction.

Contrary to defendant’s assertion, “County Court was not ob*933ligated to expressly advise defendant of his right to contest the constitutionality of the prior conviction” (People v Smith, 121 AD2d 771, 772 [1986] [citations omitted]; see People v West, 140 AD2d 852, 852 [1988]; People v Collins, 100 AD2d 691, 691 [1984]). Further, the sentencing minutes reflect that defendant, who was represented by counsel, admitted the prior conviction for assault in the second degree and, in response to questioning by County Court, stated that he did not contest any of the allegations contained in the predicate felony statement. Under these circumstances, we conclude that County Court substantially complied with the requirements of CPL 400.21 (3) and that defendant was properly sentenced as a second violent felony offender (see People v Ellis, 53 AD3d 776, 777 [2008]).

Lahtinen, J.P., Spain and McCarthy, JJ., concur. Ordered that the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.