People v. Peterson

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant upon his guilty plea of second degree assault, defendant faults the court for accepting his plea and for sentencing him as a predicate felon without a hearing and faults his counsel for ineffective assistance, primarily because counsel failed to move to dismiss the indictment on the ground that defendant’s waiver of immunity was invalid. The *1030plea colloquy establishes a sufficient factual basis for the plea. No predicate felony hearing was required because defendant was bound by the finding in such a…