People v. Smith

N.Y.

Court: New York Court of Appeals

Citations: 73 N.Y.2d 961, 540 N.Y.S.2d 987, 538 N.E.2d 339, 1989 N.Y. LEXIS 312

Decision Date: 3/30/1989

Jurisdiction: NY

Bluebook Citation: People v. Smith, 73 N.Y.2d 961, 540 N.Y.S.2d 987, 538 N.E.2d 339, 1989 N.Y. LEXIS 312 (1989)

More Cases: N.Y. decisions from 1989

The People of the State of New York, Respondent, v Benjamin Kou Smith, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.
Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed for the reasons stated in that court’s memorandum (138 AD2d 972).

We would only add that defendant failed to timely raise the issue of whether he was properly sentenced as a second felony offender by not controverting the allegations in the predicate felony statement (CPL 400.21 [3]). Accordingly, any question concerning whether defendant’s prior conviction of kidnapping under 18 USC § 1201 is equivalent to his conviction of a felony in New York has not been preserved for our review.

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