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. RONALD JACKSON, Appellant.

Ordered that the judgment is affirmed.

Upon a review of the fully transcribed minutes of the plea allocution, we find that the defendant waived his right to contest his adjudication as a second violent felony offender (see, CPL 400.15).

The minutes indicate that at the time of the defendant's plea a conditional promise as to sentence had been made. The defendant was fully aware of his predicate violent felony status and that he was to be sentenced as a second violent felony offender. Although the defendant was given the opportunity to controvert the allegations contained in the predicate felony statement, he declined to do so and, instead, admitted to his prior convictions.

It is clear that the statutory purposes for filing a predicate statement, that is, to apprise the court of the prior convictions and to afford the defendant notice and an opportunity to be heard, were satisfied here (see, People v. Quattrocchi, 121 A.D.2d 479 ; People v. Carmello, 114 A.D.2d 965). Brown, J.P., Kunzeman, Eiber and Kooper, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. JACKSON
(Jun 26, 1989)