People v. Bouyea

In People v. Bouyea (64 N.Y.2d 1140, [1985]), the Court of Appeals held that the statutory purpose of requiring a predicate statement is to apprise the court of the prior convictions and provide the defendant with reasonable notice and an opportunity to be heard in defense against the allegations (64 N.Y.2d at 1142; see also Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, C.P.L. 400.15, at 258). In that case, the Court held that the People's failure to file a predicate statement was harmless and that it was not necessary to remand the case for filing and resentencing because the defendant had "admitted the existence, nature and time of his prior felony conviction, as well as the length and location of the prior sentence he served" (64 N.Y.2d at 1142).