Opinion
July 12, 1996
Appeal from the Erie County Court, D'Amico, J.
Present — Green, J.P., Lawton, Wesley, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The evidence, the law and the circumstances of this case, viewed in totality and at the time of the representation, reveal that defense counsel provided meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147; People v. Perkov, 227 A.D.2d 960). Defendant's challenges to the sufficiency of the evidence are not preserved for our review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10), and we decline to exercise our power to review those challenges as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). The verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). County Court properly denied the motion to dismiss the indictments pursuant to CPL 30.30 (1) (a). The court properly sentenced defendant as a second felony offender without conducting a hearing. Defendant was adjudicated a second felony offender following a previous conviction and that determination is binding on defendant for purposes of his sentencing upon the instant conviction ( see, CPL 400.21; People v. Showler, 209 A.D.2d 1054, lv denied 86 N.Y.2d 802). Finally, the sentence imposed is not unduly harsh or severe.