People v. Cruz

298 A.D.2d 165, 748 N.Y.S.2d 474, 2002 N.Y. App. Div. LEXIS 9501

Opinion

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered October 1, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a second felony offender is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329, cert denied 534 US 899). Concur — Andrias, J.P., Saxe, Buckley and Lerner, JJ.