People v. Rodriguez

276 A.D.2d 379, 714 N.Y.S.2d 440, 2000 N.Y. App. Div. LEXIS 10620

Opinion

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered September 29, 1997, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

Defendant’s claim that he was improperly sentenced as a second felony offender on the basis of a New Hampshire predicate conviction under a statute that is allegedly broader than New York’s analogous statutes is a claim requiring preservation (People v Smith, 73 NY2d 961), and such claim was expressly waived. In any event, defendant’s argument is identical to arguments that have been repeatedly rejected by this Court (see, e.g., People v Roach, 255 AD2d 164, lv denied 92 NY2d 1053). Concur — Rosenberger, J. P., Williams, Wallach, Saxe and Buckley, JJ.