| People v Burt |
| 2008 NY Slip Op 09871 [57 AD3d 1171] |
| December 18, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Ramion Burt,Appellant. |
—[*1] Kathleen B. Hogan, District Attorney, Lake George (Sophie A. Jensen of counsel), forrespondent.
Appeal from a judgment of the County Court of Warren County (Hall, J.), rendered September18, 2007, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlledsubstance in the second degree.
Waiving his right to appeal, defendant pleaded guilty to criminal sale of a controlled substance inthe second degree. In accordance with the plea agreement, County Court thereafter sentenceddefendant as a second felony offender to 10 years in prison and five years of postrelease supervision.Defendant now appeals, challenging his sentence on two separate grounds.
First, defendant asserts that he was improperly sentenced as a second felony offender becauseCounty Court failed to comply with the requirements of CPL 400.21. That claim, however, isunpreserved for our review in light of defendant's failure to raise the appropriate objection at the time ofsentencing (see People v Clark, 54AD3d 1099, 1099-1100 [2008]). As for defendant's second contention, that the sentenceimposed is harsh and excessive, defendant's appeal waiver precludes him from advancing such a claim(see People v Getter, 52 AD3d1117, 1118 [2008]). Accordingly, the judgment is affirmed.
Peters, J.P., Spain, Lahtinen, Kane and Stein, JJ., concur. Ordered that the judgment is affirmed.