PEOPLE v. NAILS


196 A.D.2d 439 (1993)

601 N.Y.S.2d 280

The People of the State of New York, Respondent, v. Thomas Nails, Appellant

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

August 12, 1993


After pleading guilty, defendant was informed that the People would file a predicate felony statement. Defendant informed the court that he would not challenge the predicate felony statement, and the court immediately proceeded to impose sentence. There is no merit to defendant's argument that it is reversible error to impose sentence without awaiting the filing of a predicate felony statement. The People's failure to file it is rendered harmless where "[t]he statutory purposes...

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