PEOPLE v. DAYTER


49 A.D.2d 654 (1975)

The People of the State of New York, Respondent, v. Arthur Robert Dayter, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1975


Concededly, the record in the instant case does not disclose compliance with the procedure set forth in CPL 400.21 for the establishment that defendant was a second felony offender. However, it is readily apparent that such procedure was designed to establish the validity of the predicate felony. Here such validity is conceded and in no way disputed. Therefore, any error in failing to comply literally with CPL 400.21 is harmless. We find no merit in any additional issues...

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