People v. Mayers

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant claims that the trial court committed per se error by failing explicitly to advise him at the time of the guilty plea that he might be sentenced as a second felony offender. We conclude that the lower courts did not err and defendant may not be relieved of his guilty plea inasmuch as his claim was not raised by motion to withdraw the plea (CPL 220.60 [3]) or by motion to vacate the judgment of conviction (CPL 440.10). The record demonstrates that defendant was informed of the potential sentence and…