Opinion
October 19, 2000.
Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered September 29, 1997, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.
Karen Heiss Eisen, for respondent.
Laura Boyd, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Wallach, Saxe, Buckley, JJ.
Defendant's claim that he was improperly sentenced as a second felony offender on the basis of a New Hampshire predicate conviction under a statute that is allegedly broader than New York's analogous statutes is a claim requiring preservation (People v. Smith, 73 N.Y.2d 961), and such claim was expressly waived. In any event, defendant's argument is identical to arguments that have been repeatedly rejected by this Court (see, e.g., People v. Roach, 255 A.D.2d 164, lv denied 92 N.Y.2d 1053).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.