People v. Presley

Judgment unanimously affirmed. Memorandum: We affirm this judgment convicting defendant as a second felony offender although the trial court during the proceedings before him did not fully comply with the mandatory requirements of CPL 400.21 (subd 3). The record reveals, however, that the required statement was served on defendant. Further, defendant’s counsel conceded upon oral argument that the defendant would not controvert that he was the person named therein. The record demonstrates that through the efforts of the court, District Attorney and defense counsel, the defendant fully…