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People v. Stepter

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 12, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH STEPTER, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 7, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony drug offender, to concurrent terms of 8 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Andrias, Saxe, Renwick, Manzanet-Daniels, JJ.

3728/07

Defendant's challenge to his sentence is of a type that requires preservation (see People v Samms, 95 NY2d 52, 53-57 [2000]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that defendant's out of state conviction qualified as a predicate felony conviction.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091112

© 1992-2009 VersusLaw Inc.



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