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PEOPLE v. DAWSON

269 A.D.2d 867 (2000)

703 N.Y.S.2d 774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN J. DAWSON, Appellant.

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

Decided February 16, 2000.

Judgment unanimously 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...

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