PEOPLE v. SMITH


52 A.D.2d 1086 (1976)

The People of the State of New York, Respondent, v. O. C. Smith, Appellant

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

May 28, 1976


Judgment unanimously affirmed.

Memorandum:

The defendant and his attorney were personally served with the statement as to the predicate felony conviction as required by CPL 400.21. Upon sentence counsel for the defendant by a statement to the court indicated that he was fully informed of the facts concerning the prior felony conviction and his only objection to the sentencing of defendant as a second felony offender was his contention that the predicate felony...

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