| People v Cullum |
| 2012 NY Slip Op 02315 [93 AD3d 856] |
| March 27, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Taiquan Cullum, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Donald Berk ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Kase, J.),rendered February 15, 2011, convicting him of criminal sale of a controlled substance in the fifthdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently made is unpreserved for appellate review, since he did not move to withdraw hisplea on this ground prior to the imposition of sentence (see CPL 220.60 [3]; 470.05 [2];People v Clarke, 93 NY2d 904, 906 [1999]; People v Hayes, 91 AD3d 792 [2012]; People v Kulmatycski, 83 AD3d734 [2011]; People vRusielewicz, 45 AD3d 704 [2007]). In any event, the record before us does not supportthe defendant's contention that his plea was not knowing, voluntary, and intelligent (seePeople v Fiumefreddo, 82 NY2d 536 [1993]; People v Harris, 61 NY2d 9 [1983]).
The defendant's challenge to the procedure by which he was sentenced as a second felonyoffender (see CPL 400.21) is unpreserved for appellate review (see People vSmith, 73 NY2d 961, 962-963 [1989]; People v Jackson, 87 AD3d 552, 553-554 [2011]; People v Carrion, 65 AD3d 693[2009]; People v Lopez, 49 AD3d899, 900 [2008]). In any event, the challenge is without merit, since the defendant admittedthat he was the person convicted of the predicate felony and there was no indication that hecontemplated a challenge of the constitutionality of his prior conviction (see CPL 400.21[7] [b]; People v McAllister, 47AD3d 731, 731-732 [2008]; Peoplev Flores, 40 AD3d 876, 878 [2007]; People v Hickman, 276 AD2d 563, 564[2000]). Dillon, J.P., Balkin, Belen and Austin, JJ., concur.