People v. De Leo

Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered October 17, 1989, convicting defendant upon his plea of guilty of the crime of attempted sodomy in the second degree.

Defendant contends that the plea of guilty should be vacated because neither the plea, nor his waiver of his right to appeal, were made knowingly, voluntarily or intelligently. Further, defendant contends that his sentence should be vacated because he was denied his statutory right to challenge his predicate felon status and because the presentence report was defective.

Initially, we note that…