People v Miles

People v Miles 2012 NY Slip Op 03667 Decided on May 8, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 8, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
2011-02211
(Ind. No. 1579-10)

[*1]The People of the State of New York, 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.


DECISION & ORDER

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 NY2d 52, 57; People v Smith, 73 NY2d 961, 962-963; People v Alves, 282 AD2d 613). 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 AD2d 500, 501; cf. People v Horvath, 81 AD3d 850). Accordingly, contrary to the defendant's contention on appeal, his sentence was not illegal.
MASTRO, A.P.J., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court