Opinion
2012-05-8
The PEOPLE, etc., respondent, v. Anton M. MILES, appellant.
Maureen Galvin Dwyer, Northport, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DeVincenzo of counsel), for respondent.
Maureen Galvin Dwyer, Northport, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DeVincenzo of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Braslow, J.), imposed February 7, 2011, on the ground that the sentence was illegal.
ORDERED that the sentence is affirmed.
The defendant's contention that his previous conviction did not qualify as a predicate felony conviction pursuant to Penal Law § 70.06(1)(b)(i) is unpreserved for appellate review ( see People v. Samms, 95 N.Y.2d 52, 57, 710 N.Y.S.2d 310, 731 N.E.2d 1118; People v. Smith, 73 N.Y.2d 961, 962–963, 540 N.Y.S.2d 987, 538 N.E.2d 339; People v. Alves, 282 A.D.2d 613, 722 N.Y.S.2d 912). In any event, the defendant was properly sentenced as a second felony offender based upon his predicate conviction of an offense in Illinois which would constitute a felony under New York law ( see People v. Smalls, 293 A.D.2d 500, 501, 739 N.Y.S.2d 630; cf. People v. Horvath, 81 A.D.3d 850, 916 N.Y.S.2d 230). Accordingly, contrary to the defendant's contention on appeal, his sentence was not illegal.