Opinion
2014-02-19
The PEOPLE, etc., respondent, v. Lashawn GILBERT, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered October 10, 2012, convicting her of criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court failed to comply with CPL 400.21 before sentencing her as a second felony offender is unpreserved for appellate review ( see People v. Sanabria, 110 A.D.3d 1010, 973 N.Y.S.2d 326;People v. Winslow, 100 A.D.3d 1031, 1031, 954 N.Y.S.2d 625;People v. Merriman, 45 A.D.3d 700, 850 N.Y.S.2d 108). In any event, the defendant's contention is without merit, as the County Court substantially complied with the requirements of CPL 400.21 ( see People v. Bouyea, 64 N.Y.2d 1140, 1142, 490 N.Y.S.2d 724, 480 N.E.2d 338;People v. Sanabria, 110 A.D.3d 1010, 973 N.Y.S.2d 326;People v. Winslow, 100 A.D.3d 1031, 954 N.Y.S.2d 625).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). RIVERA, J.P., DICKERSON, COHEN and HINDS–RADIX, JJ., concur.