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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT REED, Appellant.

Ordered that the judgment is affirmed.

As the defendant had previously been adjudicated a second felony offender, readjudication of this finding was not required (see, CPL 400.21). In any event, a statement of the defendant's prior felonies was filed and a preliminary examination was conducted in compliance with CPL 400.21 (2) and (3) (cf., People v Owens, 58 A.D.2d 898; People v Anderson, 60 A.D.2d 632). The defendant admitted all allegations necessary to support a predicate felony finding and was properly sentenced as a second felony offender. We have considered the defendant's remaining contentions, and find them to be without merit. Mangano, J.P., Bracken, Eiber and Kunzeman, JJ., concur.

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PEOPLE v. REED
(Dec 7, 1987)