PEOPLE v. CRUZ

Ordered that the judgment is affirmed.

The defendant's contention that the County Court failed to comply with CPL 400.21 before sentencing him as a second felony offender is unpreserved for appellate review ( see People v. Csoke, 11 AD3d 631; cf. People v. Proctor, 79 NY2d 992, 994). In any event, the County Court substantially complied with the statute, and there is no indication that the defendant contemplated a challenge to the constitutionality of his prior conviction. Consequently, the alleged deficiencies were harmless oversights ( see People v. Hickman, 276 AD2d 563, 564; People v. Witherspoon, 155 AD2d 636, 637).