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People v. Blair

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1977
59 A.D.2d 767 (N.Y. App. Div. 1977)

Opinion

October 24, 1977


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 19, 1976, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant-appellant's application to withdraw his plea was without merit (see People v Francis, 38 N.Y.2d 150). Similarly, his claim that he was entitled to a hearing pursuant to CPL 400.21 as to his status as a second felony offender is not supported by the record. Appellant twice admitted, when pleading guilty, that he understood he would be sentenced as a second felony offender. Defense counsel informed the court that appellant had been previously convicted of manslaughter. Strict compliance with CPL 400.21 is waived when a defendant admits in open court that he has a prior felony conviction (People v Bryant, 47 A.D.2d 51). Latham, J.P., Cohalan, Rabin and Hawkins, JJ., concur.


Summaries of

People v. Blair

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1977
59 A.D.2d 767 (N.Y. App. Div. 1977)
Case details for

People v. Blair

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRIS BLAIR, Appellant

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

Date published: Oct 24, 1977

Citations

59 A.D.2d 767 (N.Y. App. Div. 1977)

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