New York Court of Appeals
The People of the State of New York, Respondent v. Benjamin Kou Smith, Appellant
March 30, 198973 N.Y.2d 961
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the appellant failed to preserve the issue of whether his prior kidnapping conviction qualified as a felony for sentencing under CPL 400.21[3]; consequently, the court could not review that question. The affirmation was based on the appellant’s untimely challenge to the predicate felony allegation. Judge Hancock, Jr., filed a concurring opinion disputing the Appellate Division’s view of People v Hicks but concurred in the result.