Opinion
106615.
02-04-2016
The PEOPLE of the State of New York, Respondent, v. Jameel C. MELTON, Appellant.
John R. Trice, Elmira, for appellant. Gwen Wilkinson, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.
John R. Trice, Elmira, for appellant.
Gwen Wilkinson, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.
Opinion
Appeal from a judgment of the County Court of Tompkins County (Rossiter, J.), rendered July 19, 2013, upon a verdict convicting defendant of the crimes of robbery in the second degree (two counts), criminal use of a firearm in the second degree, conspiracy in the fourth degree and petit larceny.
Following a jury trial, defendant was convicted of robbery in the second degree (two counts), criminal use of a firearm in the second degree, conspiracy in the fourth degree and petit larceny. Pursuant to a predicate felony statement filed by the prosecution, County Court sentenced defendant as a second felony offender and imposed concurrent prison terms of eight years followed by five years of postrelease supervision on each of the robbery convictions and the criminal use of a firearm conviction, 1 ½ to 3 years on the conspiracy conviction and time served for the petit larceny conviction. Defendant now appeals.
Defendant's contention that he was improperly sentenced as a second felony offender due to County Court's failure to comply with the provision of CPL 400.21(3) requiring an inquiry as to whether defendant wanted to controvert any of the allegations in the predicate felony statement is unpreserved for our review given the lack of an objection by defendant at sentencing (see People v. Dixon, 118 A.D.3d 1188, 1189, 987 N.Y.S.2d 704 2014 ). In any event, “County Court was not obligated to expressly advise defendant of his right to contest the constitutionality of the prior conviction” (id. at 1189, 987 N.Y.S.2d 704 [internal quotation marks and citations omitted] ). Moreover, the record reflects that defendant was provided with a copy of the predicate felony statement, was given an opportunity to be heard and acknowledged that he understood his status as a predicate felon for sentencing purposes. Under these circumstances, we find that there was substantial compliance with the statute (see People v. Wood, 108 A.D.3d 932, 933, 968 N.Y.S.2d 744 2013 ). With respect to defendant's contention that the sentence is harsh and excessive, we find no abuse of discretion or extraordinary circumstances warranting a modification of the sentence in the interest of justice (see People v. Castellano, 100 A.D.3d 1256, 1258, 954 N.Y.S.2d 677 2012, lv. denied 20 N.Y.3d 1096, 965 N.Y.S.2d 792, 988 N.E.2d 530 2013; People v. Holman, 53 A.D.3d 775, 776, 861 N.Y.S.2d 212 2008 ).
ORDERED that the judgment is affirmed.