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People v. Strain

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2010
76 A.D.3d 1123 (N.Y. App. Div. 2010)

Opinion

No. 103086.

September 23, 2010.

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.

Eugene P. Grimmick, Troy, for appellant.

Richard J. McNally Jr., District Attorney, Troy (Jonathan D. Cohn of counsel), for respondent.

Before: Mercure, J.P., Rose, Malone Jr., McCarthy and Egan Jr., JJ.


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 8 ½ 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; People v Atkinson, 58 AD3d 943, 944). As defendant's sole issue is unpreserved, we affirm.

Ordered that the judgment is affirmed.


Summaries of

People v. Strain

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 2010
76 A.D.3d 1123 (N.Y. App. Div. 2010)
Case details for

People v. Strain

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN STRAIN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 23, 2010

Citations

76 A.D.3d 1123 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6668
907 N.Y.S.2d 705

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