People v. Wood, 108 A.D.3d 932 (N.Y. App. Div. 2013). · Go Syfert
People v. Wood, 108 A.D.3d 932 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Watson (nyappdiv, 2019-07-18)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2019 · confidence medium
Nevertheless, were we to review this argument, we would find it to be without merit ( see People v Melton, 136 AD3d 1069, 1070 [2016], lv denied 27 NY3d 1002 [2016]; People v Wood, 108 AD3d 932, 932-933 [2013]).
discussed Cited as authority (rule) People v. Ballard
N.Y. App. Div. · 2018 · confidence medium
Inasmuch as the record reflects that defendant received adequate notice of and an opportunity to controvert the allegations made in the predicate felony statement, we find substantial compliance with CPL 400.21 (3) ( see People v Wood , 108 AD3d 932, 933 [2013]; People v Ellis , 53 AD3d 776, 777 [2008]).
cited Cited as authority (rule) People v. Melton
N.Y. App. Div. · 2016 · confidence medium
Under these circumstances, we find that there was substantial compliance with the statute (see People v Wood, 108 AD3d 932, 933 [2013]).
cited Cited as authority (rule) People v. Melton
N.Y. App. Div. · 2016 · confidence medium
Under these circumstances, we find that there was substantial compliance with the statute (see People v Wood, 108 AD3d 932, 933 [2013]).
discussed Cited as authority (rule) People v. McCaster
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, County Court substantially complied with the requirements of CPL 400.21 (3) and properly sentenced defendant as a second felony offender (see id. at 1039 ; People v Wood, 108 AD3d 932, 933 [2013]).
discussed Cited as authority (rule) PeoplevMcCaster
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, County Court substantially complied with the requirements of CPL 400.21 (3) and properly sentenced defendant as a second felony offender (see id. at 1039 ; People v Wood, 108 AD3d 932, 933 [2013]).
discussed Cited as authority (rule) People v. McCaster
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, County Court substantially complied with the requirements of CPL 400.21 (3) and properly sentenced defendant as a second felony offender (see id. at 1039 ; People v Wood, 108 AD3d 932, 933 [2013]).
discussed Cited as authority (rule) People v. Densmore
N.Y. App. Div. · 2014 · confidence medium
We reject defendant’s contention that he was improperly adjudicated as a second felony offender inasmuch as County Court was not obligated to expressly advise him that he had the right to challenge the constitutionality of his prior conviction (see People v Wood, 108 AD3d 932, 932-933 [2013]; People v Smith, 121 AD2d 771, 772 [1986]).
discussed Cited as authority (rule) PeoplevDensmore
N.Y. App. Div. · 2014 · confidence medium
We reject defendant's contention that he was improperly adjudicated as a second felony offender inasmuch as County Court -2- 105791 was not obligated to expressly advise him that he had the right to challenge the constitutionality of his prior conviction (see People v Wood, 108 AD3d 932, 932-933 [2013]; People v Smith, 121 AD2d 771, 772 [1986]).
discussed Cited as authority (rule) People v. Densmore
N.Y. App. Div. · 2014 · confidence medium
We reject defendant’s contention that he was improperly adjudicated as a second felony offender inasmuch as County Court was not obligated to expressly advise him that he had the right to challenge the constitutionality of his prior conviction (see People v Wood, 108 AD3d 932, 932-933 [2013]; People v Smith, 121 AD2d 771, 772 [1986]).
cited Cited as authority (rule) People v. Wilkins
N.Y. App. Div. · 2014 · confidence medium
Accordingly, County Court substantially complied with the requirements of CPL 400.21 (3), and defendant was properly sentenced as a second felony offender (see People v Wood, 108 AD3d at 933).
cited Cited as authority (rule) People v. Wilkins
N.Y. App. Div. · 2014 · confidence medium
Accordingly, County Court substantially complied with the requirements of CPL 400.21 (3), and defendant was properly sentenced as a second felony offender (see People v Wood, 108 AD3d at 933).
discussed Cited "see" People v. Dixon
N.Y. App. Div. · 2014 · signal: accord · confidence high
Contrary to defendant’s contention, “County Court was not obligated 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]; accord People v Wood, 108 AD3d 932, 932-933 [2013]).
discussed Cited "see" People v. Dixon
N.Y. App. Div. · 2014 · signal: accord · confidence high
Contrary to defendant’s contention, “County Court was not obligated 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]; accord People v Wood, 108 AD3d 932, 932-933 [2013]).
discussed Cited "see" People v. Bonaventure
N.Y. App. Div. · 2014 · signal: accord · confidence high
Contrary to defendant’s contention, however, “County Court was not obligated 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]; accord People v Wood, 108 AD3d 932, 932-933 [2013]).
discussed Cited "see" People v. Bonaventure
N.Y. App. Div. · 2014 · signal: accord · confidence high
Contrary to defendant’s contention, however, “County Court was not obligated 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]; accord People v Wood, 108 AD3d 932, 932-933 [2013]).
The People of the State of New York
v.
Patrick Wood
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2013.
108 A.D.3d 932
Egan.
Cited by 14 opinions  |  Published
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[*933] ligated 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.