People v. Washington

Appeal from a

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). Defendant’s challenge to the sufficiency of the CPL 400.21 notice is not preserved for our review (see People v Pellegrino, 60 NY2d 636 , 637 [1983]; People v Butler, 96 AD3d 1367 , 1368 [2012], lv denied 20 NY3d 931 [2012]). In any event, “defendant waived strict compliance with that statute by admitting the prior felony conviction in open court” (Butler, 96 AD3d at 1368 ; see People v Guillory, 98 AD3d 835 , 836 [2012], lv denied 20 NY3d 932 [2012]; People v Perez, 85 AD3d 1538 , 1541 [2011]). Defendant further contends that the People failed to submit sufficient documentation establishing the period of defendant’s prior incarceration for purposes of the tolling provision of Penal Law § 70.06 (1) (b) (v). That contention is also unpreserved for our review (cf. Butler, 96 AD3d at 1368 ; see generally People v Samms, 95 NY2d 52 , 57 [2000]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Present—Scudder, EJ., Centra, Carni, Sconiers and Martoche, JJ.