People v. Dawson

—Judgment unani*868mously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]), defendant contends that he is entitled to be resentenced because the People failed to file a statement pursuant to CPL 400.21 (2). We disagree. Prior to sentencing, the People filed a statement pursuant to CPL 400.21 (2) alleging that defendant had previously been convicted of assault in the first degree. At sentencing, defendant advised County Court that the statement was in error and that he had previously been convicted of…