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PEOPLE v. NERY

294 A.D.2d 141 (2002)

740 N.Y.S.2d 883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO NERY, Appellant.

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

Decided May 7, 2002.

Although the People did not file a predicate felony statement, defendant's affirmative acknowledgments at both his plea and sentencing that he was a second felony offender established that he was provided with reasonable notice and an opportunity to be heard, and that the court was informed of the prior conviction. Therefore, the statutory purposes of CPL 400.21 were satisfied (see, People v Bouyea, 64 N.Y.2d 1140<...

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