Opinion
June 6, 1985
Appeal from the County Court of Tioga County (Siedlecki, J.).
As a result of a plea bargain, defendant pleaded guilty to the first count of a two-count indictment with the understanding that he would be sentenced as a second felony offender to an indeterminate prison term of 1 1/2 to 3 years.
The only issue raised on this appeal is defendant's challenge to the constitutionality of the second felony offender provision contained in Penal Law § 70.06. Although we note that defendant did not preserve this issue on the record, we do address ourselves to the contentions raised on this appeal. These same contentions have been before this court on numerous occasions and we have repeatedly upheld the constitutionality of the second felony offender statute ( People v. Sibley, 54 A.D.2d 772; People v. Galpin, 49 A.D.2d 654; People v. Brown, 46 A.D.2d 255).
Judgment affirmed. Mahoney, P.J., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.