| People v Miles |
| 2012 NY Slip Op 03667 [95 AD3d 1038] |
| May 8, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AntonM. Miles, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DeVincenzo of counsel), forrespondent.
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 wasillegal.
Ordered that the sentence is affirmed.
The defendant's contention that his previous conviction did not qualify as a predicate felonyconviction pursuant to Penal Law § 70.06 (1) (b) (i) is unpreserved for appellate review(see People v Samms, 95 NY2d 52, 57 [2000]; People v Smith, 73 NY2d 961,962-963 [1989]; People v Alves, 282 AD2d 613 [2001]). In any event, the defendant wasproperly sentenced as a second felony offender based upon his predicate conviction of an offensein Illinois which would constitute a felony under New York law (see People v Smalls,293 AD2d 500, 501 [2002]; cf. People vHorvath, 81 AD3d 850 [2011]). Accordingly, contrary to the defendant's contention onappeal, his sentence was not illegal. Mastro, A.P.J., Angiolillo, Dickerson and Hall, JJ., concur.