People v. Strain

Appellate Division of the Supreme Court of New York

People v. Strain

76 A.D.2d 1123, 907 N.Y.S.2d 705

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 23, 2010

StatusPublished

This text of 76 A.D.2d 1123 (People v. Strain) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Strain, 76 A.D.2d 1123, 907 N.Y.S.2d 705 (N.Y. Ct. App. 2010).

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Opinion

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.

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 8½ years in prison followed by five years of post-release 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.

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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.

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 8½ years in prison followed by five years of post-release 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.

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Bluebook (online)

76 A.D.2d 1123, 907 N.Y.S.2d 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strain-nyappdiv-2010.

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