People v. Gilbert

Feb 19, 2014
Versions:114 A.D.3d 874
980 N.Y.S.2d 789

Ordered that the judgment is affirmed.

The defendant‘s contention that the County Court failed to comply with CPL 400.21 before sentencing her as a second felony offender is unpreserved for appellate review (see People v Sanabria, 110 AD3d 1010 [2013]; People v Winslow, 100 AD3d 1031, 1031 [2012]; People v Merriman, 45 AD3d 700 [2007]). In any event, the defendant‘s contention is without merit, as the County Court substantially complied with the requirements of CPL 400.21 (see People v Bouyea, 64 NY2d 1140, 1142 [1985]; People v Sanabria, 110 AD3d 1010 [2013]; People v Winslow, 100 AD3d 1031 [2012]). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Dickerson, Cohen and Hinds-Radix, JJ., concur.