People v. Blair

Feb 28, 2006
Versions:26 A.D.3d 513
809 N.Y.S.2d 462

Ordered that the judgment is affirmed.

The defendant‘s contention that he was improperly adjudicated a second felony offender is unpreserved for appellate review (see People v Smith, 73 NY2d 961 [1989]; People v Sullivan, 153 AD2d 223, 232-233 [1990]). In any event, the defendant‘s adjudication as a second felony offender was proper (compare People v Samms, 95 NY2d 52 [2000]; People v Stanley, 12 AD3d 467 [2004]).

Appellate review of the defendant‘s claim that the sentence imposed was excessive was effectively waived by him as part of his plea agreement (see People v Callahan, 80 NY2d 273 [1992]; see also People v Muniz, 91 NY2d 570 [1998]; People v Seaberg, 74 NY2d 1 [1989]). Santucci, J.P., Luciano, Fisher and Covello, JJ., concur.