People v. Alston

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the court in sentencing him as a second felony offender on his plea of guilty to grand larceny, third degree, erred in failing to grant him a hearing pursuant to CPL 400.21 (subd 5). On sentencing, defendant did not controvert the facts in the People’s statement (CPL 400.21, subd 2) alleging that he had previously been convicted of escape, second degree (CPL 400.21, subd 3) and did not challenge the escape conviction on constitutional grounds (CPL 400.21, subd 7, par [b]). On appeal he specifies no ground for…