AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS NAILS, Appellant.

After pleading guilty, defendant was informed that the People would file a predicate felony statement. Defendant informed the court that he would not challenge the predicate felony statement, and the court immediately proceeded to impose sentence. There is no merit to defendant's argument that it is reversible error to impose sentence without awaiting the filing of a predicate felony statement. The People's failure to file it is rendered harmless where "[t]he statutory purposes for filing a predicate statement (CPL 400.21) have been satisfied, to wit: apprising the court of the prior conviction and providing defendant with reasonable notice and an opportunity to be heard" (People v Bouyea, 64 N.Y.2d 1140, 1142).

Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Rubin, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. NAILS
(Aug 12, 1993)