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PEOPLE v. ODOM

63 A.D.3d 408 (2009)

880 N.Y.S.2d 58

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ODOM, Appellant.

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

Decided June 2, 2009.

Defendant's claim that his 2000 conviction should not have been counted as a predicate violent felony at his 2007 plea and sentencing is without merit, as such claim is procedurally barred. Although defendant was not informed of postrelease supervision at his 2000 plea proceeding, thus rendering the proceeding improper (People v Catu, 4 N.Y.3d 242 [2005]), he failed to make that claim on direct appeal. Moreover, at the time defendant...

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