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  5. 73 N.Y.2d 961 (1989)
 

PEOPLE v. SMITH

73 N.Y.2d 961 (1989)

The People of the State of New York, Respondent, v. Benjamin Kou Smith, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur; Judge HANCOCK, JR., concurs in result in an opinion in which Judge TITONE concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated in that court's memorandum (138 A.D.2d 972).

We would only add that defendant failed to timely raise the issue of whether he was properly sentenced as a second felony offender by not controverting the allegations in the predicate felony statement...

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