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PEOPLE v. SMOTHERS

2017-11735, Ind. No. 15-01106.

175 A.D.3d 1441 (2019)

106 N.Y.S.3d 626

2019 NY Slip Op 06633

The PEOPLE of the State of New York, Respondent, v. Alvin SMOTHERS, Appellant.

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

September 18, 2019.

Attorney(s) appearing for the Case

Samuel S. Coe , White Plains, NY, for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( Christine DiSalvo and William C. Milaccio of counsel), for respondent.

Austin, J.P., Leventhal, Roman and LaSalle, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the County Court failed to establish that he was a second felony offender and failed to comply with CPL 400.21 before he was sentenced as a second felony offender is unpreserved for appellate review (see CPL 470.05 [2]; People v Proctor, 79 N.Y.2d 992, 994 [1992]; People v Pellegrino, 60 N.Y.2d 636, 637...

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