People v. Neree, 280 A.D.2d 497 (N.Y. App. Div. 2001). · Go Syfert
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People v. Neree, 280 A.D.2d 497 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
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discussed Cited "see" People v. Bolden
N.Y. App. Div. · 2004 · signal: see · confidence high
The present contention of defendant that he was not aware of the constitutional rights that he was waiving in negotiating his former plea convictions was waived by the failure to raise it during the persistent violent felony offender hearing (see CPL 400.16 [2]; 400.15 [7] [b]; see generally People v Neree, 280 AD2d 497 , 498 [2001], lv denied 98 NY2d 712 [2002]).
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The People of the State of New York
v.
Reginald Neree
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 2001.
280 A.D.2d 497
Published

—Appeal by the defendant from a judgment of the County Court, Nassau County (De Riggi, J.), rendered June 5, 1998, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

[*498] Ordered that the judgment is affirmed.

The defendant was properly sentenced as a second violent felony offender. Since the defendant failed to challenge his underlying conviction during the sentencing proceedings, he waived his right to make any allegation of unconstitutionality with regard to that prior conviction (see, CPL 400.15 [7] [b]; People v Young, 255 AD2d 907; People v Cooper, 241 AD2d 553). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.