PEOPLE v. WHALEY


44 A.D.3d 1079 (2007)

844 N.Y.S.2d 390

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

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

Decided October 30, 2007.


Ordered that the judgment is affirmed.

The defendant has failed to preserve his challenge to the procedures utilized to adjudicate him a second felony offender. In any event, under all of the circumstances of this case, any error including, inter alia, the court's failure to articulate a finding that the defendant was a second felony offender, was harmless. Notably, the defendant was made aware of the predicate felony offense, he admitted it, and he evinced no intent...

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