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People v. Strain

State of New York Supreme Court, Appellate Division Third Judicial Department


September 23, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
STEPHEN STRAIN, APPELLANT.

Appeal from a judgment of the County Court of Rensselaer County (Jacon, J.), rendered November 23, 2009, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

MEMORANDUM AND ORDER

Calendar Date: August 2, 2010

Before: Mercure, J.P., Rose, Malone Jr., McCarthy and Egan Jr., JJ.

In satisfaction of a three-count indictment, defendant pleaded guilty to burglary in the second degree. County Court thereafter sentenced him as a second felony offender to an agreed-upon sentence of 81/2 years in prison followed by five years of postrelease supervision. Defendant now appeals.

Defendant's only contention on this appeal is that he was improperly sentenced as a second felony offender. However, because defendant failed to object before County Court that he was improperly sentenced as a predicate felon, this issue was not preserved for our review (see People v Glynn, 72 AD3d 1351, 1352 [2010]; People v Atkinson, 58 AD3d 943, 944 [2009]). As defendant's sole issue is unpreserved, we affirm.

Mercure, J.P., Rose, Malone Jr., McCarthy and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

20100923

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