PEOPLE v. McALLISTER (2008)

Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered August 15, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement officials.

ORDERED that the judgment is affirmed.

 Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant possessed a gravity knife in violation of Penal Law § 265.02(1) (see Penal Law §§ 265.02[1], 265.00[5], 265.01[1] ).   Moreover, upon the exercise of our factual review power (see CPL 470.15 [5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

 Contrary to the defendant's contention, the County Court substantially complied with the requirements of CPL 400.21 in adjudicating him a second felony offender (see People v. Alston, 289 A.D.2d 339, 734 N.Y.S.2d 583).   Since the defendant admitted that he was the person convicted of the predicate felony, and since there is no indication that the defendant contemplated a challenge to the constitutionality of his prior conviction (see CPL 400.21 [7] [b] ), the Supreme Court's failure to make a formal inquiry as to whether he wished to controvert the allegations of the second felony offender statement was a harmless oversight (see People v. Flores, 40 A.D.3d 876, 878, 836 N.Y.S.2d 273;  People v. Hickman, 276 A.D.2d 563, 564, 714 N.Y.S.2d 508;  People v. Witherspoon, 155 A.D.2d 636, 637, 547 N.Y.S.2d 681).

The hearing court properly denied that branch of the defendant's motion which was to suppress his statement to law enforcement officials (see People v. Bailey, 24 A.D.3d 684, 808 N.Y.S.2d 300;  People v. Benjamin, 17 A.D.3d 688, 793 N.Y.S.2d 547).

The defendant's remaining contention is without merit (see CPL 200.60).