PEOPLE v. GONZALEZ (2009)

 Defendant appeals from an order that denied his motion pursuant to CPL 440.20 seeking to vacate the sentence imposed upon his conviction of, inter alia, attempted murder in the first degree (Penal Law §§ 110.00, 125.27[1][a][i];  [b] ).  We previously affirmed the judgment of conviction upon defendant's appeal therefrom (People v. Gonzalez, 145 A.D.2d 900, 538 N.Y.S.2d 706, lv. denied 73 N.Y.2d 1015, 541 N.Y.S.2d 770, 539 N.E.2d 598).   We reject defendant's contention that the sentence was “unauthorized, illegally imposed or otherwise invalid as a matter of law” (CPL 440.20[1] ).   Contrary to the contention of defendant, the imposition of consecutive sentences for his conviction of attempted murder and burglary in the second degree (Penal Law § 140.25[1][a] ) was proper (see People v. Brathwaite, 63 N.Y.2d 839, 842-843, 482 N.Y.S.2d 253, 472 N.E.2d 29;  cf. Penal Law § 70.25[2] ).   We further conclude that defendant was properly adjudicated a second felony offender.   Even assuming, arguendo, that the People failed to comply with CPL 400.21, we conclude that strict compliance with the statute was not required inasmuch as defendant received reasonable notice of the accusations against him and was provided an opportunity to be heard with respect to those accusations during the persistent felony offender proceeding (see People v. Bouyea, 64 N.Y.2d 1140, 1142, 490 N.Y.S.2d 724, 480 N.E.2d 338;  People v. Sampson, 30 A.D.3d 623, 623-624, 818 N.Y.S.2d 144, lv. denied 7 N.Y.3d 817, 822 N.Y.S.2d 492, 855 N.E.2d 808).

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

MEMORANDUM: