Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant's claim that he was improperly sentenced as a second felony offender is unpreserved for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636), and we decline to review it in the interest of justice. Were we to review it, we would find it to be without merit. The People filed a predicate felony statement, and, at the time of the plea, the court advised defendant that he appeared to be a second felony offender. Defendant did not dispute his status as a second felony offender, which was also set forth at sentencing. Under the circumstances, a remand for resentencing is unnecessary ( compare, People v. Bouyea, 64 N.Y.2d 1140, with People v. Davis, 240 A.D.2d 309).
Concur — Milonas, J. P., Rosenberger, Ellerin, Nardelli and Colabella, JJ.