| People v Whaley |
| 2007 NY Slip Op 08261 [44 AD3d 1079] |
| October 30, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnWhaley, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.),rendered August 9, 2004, convicting him of attempted burglary in the third degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant has failed to preserve his challenge to the procedures utilized to adjudicatehim a second felony offender. In any event, under all of the circumstances of this case, any errorincluding, inter alia, the court's failure to articulate a finding that the defendant was a secondfelony offender, was harmless. Notably, the defendant was made aware of the predicate felonyoffense, he admitted it, and he evinced no intent, then or now, to controvert it. Moreover, hereceived the sentence for which he bargained (see People v Bouyea, 64 NY2d 1140[1985]; People v Hickman, 276 AD2d 563, 564 [2000]).
The claim raised in point 1 of the defendant's brief is unpreserved for appellate review and,in any event, is without merit (see People v Baumann & Sons Buses, Inc., 6 NY3d 404,408 [2006]; People v Mahboubian, 74 NY2d 174, 193 n 3 [1989]; People vMackey, 49 NY2d 274, 280 [1980]). The claim raised in point two of the defendant's brief isacademic, unpreserved for appellate review, and was forfeited by his plea of guilty (seePeople v Hansen, 95 NY2d 227, 230-231 [2000]; People v Iannone, 45 NY2d 589,597-598 [1978]; People v Skya, 43 AD3d 1190 [2007]; People v Lugo, 256AD2d 16 [1998]). The claims raised in points 3 and 4 of the defendant's brief are unpreserved forappellate review and, [*2]in any event, are without merit(see CPL 470.05 [2]; People v Lopez, 71 NY2d 662, 666 [1988]; People vWeatherly, 246 AD2d 340, 340-341 [1998]; People v Cooper, 241 AD2d 553[1997]; cf. People v Brown, 17 AD3d 869, 870 [2005]). Crane, J.P., Florio, Angiolilloand Carni, JJ., concur.