People v. Gonzales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant’s only contention on this appeal is that his sentence is invalid because the court failed to comply with CPL 400.21 (subds 3, 7, par [b]), to wit, to advise him before sentencing as a second felony offender that he had the right to controvert the validity of his predicate felonies. On pleading guilty defendant expressly acknowledged his present incarceration under a sentence in Erie County, dated March 14, 1974, by Judge Colucci for 5 to 15 years, and the court called to the defendant’s attention that the District Attorney had served on…
2Cases cited6 opinions
- People v. McClainNew York Court of Appeals · 1974
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
- People ex rel. Ryan v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
- People v. HodgeAppellate Division of the Supreme Court of the State of New York · 1976
- People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by4 opinions
- People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1980
- People v. BurtsAppellate Division of the Supreme Court of the State of New York · 1978
- People v. TownsAppellate Division of the Supreme Court of the State of New York · 1983
- People v. BouyeaAppellate Division of the Supreme Court of the State of New York · 1984