Opinion
2012-06-28
The PEOPLE of the State of New York, Respondent, v. Leslie MARSHALL, Appellant.
Cliff Gordon, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
Cliff Gordon, Monticello, for appellant. James R. Farrell, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
*907Before: ROSE, J.P., SPAIN, MALONE JR., KAVANAGH and EGAN JR., JJ.
KAVANAGH, J.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), entered October 19, 2010, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Upon defendant's plea of guilty to the crime of robbery in the second degree, he was sentenced, as a second felony offender, to eight years in prison with five years of postrelease supervision. On this appeal, he argues that he was entitled to a hearing to determine whether the prior conviction relied upon by County Court qualifies him as a second felony offender. However, this argument is encompassed by his valid appeal waiver ( see People v. Callahan, 80 N.Y.2d 273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992];People v. Korber, 89 A.D.3d 1543, 1544, 932 N.Y.S.2d 780 [2011],lv. denied19 N.Y.3d 864, –––N.Y.S.2d ––––, ––– N.E.2d –––– [May 4, 2012]; People v. Taylor, 73 A.D.3d 1285, 1286, 900 N.Y.S.2d 784 [2010],lv. denied15 N.Y.3d 810, 908 N.Y.S.2d 170, 934 N.E.2d 904 [2010] ) and, in any event, is unpreserved due to his failure to object at sentencing ( see People v. Smith, 89 A.D.3d 1328, 1328–1329, 932 N.Y.S.2d 913 [2011];People v. Califano, 84 A.D.3d 1504, 1506, 923 N.Y.S.2d 299 [2011],lv. denied17 N.Y.3d 805, 929 N.Y.S.2d 564, 953 N.E.2d 802 [2011] ).
ORDERED that the judgment is affirmed.