| People v Guillory |
| 2012 NY Slip Op 05996 [98 AD3d 835] |
| August 17, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v PatrickGuillory, Also Known as Timothy Hunter, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.),rendered February 27, 2009. The judgment convicted defendant, upon his plea of guilty, ofburglary in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his guilty plea, of burglaryin the third degree (Penal Law § 140.20), defendant contends that his sentence must bevacated because he was sentenced as a second felony offender and the People did not file apredicate felony offender statement, as required by CPL 400.21. Defendant failed to preserve thatcontention for our review (see People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Butler, 96 AD3d 1367,1368 [2012]; People v Mateo, 53AD3d 1111, 1112 [2008], lv denied 11 NY3d 791 [2008]). In any event, byadmitting in open court that he had been convicted of a prior felony offense in New York withinthe past 10 years, defendant waived strict compliance with CPL 400.21 (see People v Perez, 85 AD3d1538, 1541 [2011]; People vVega, 49 AD3d 1185, 1186 [2008], lv denied 10 NY3d 965 [2008]).Present—Smith, J.P., Fahey, Peradotto, Lindley and Martoche, JJ.