People v Gilbert

2014 NY Slip Op 01187 [114 AD3d 874]

February 19, 2014

Appellate Division, Second Department

As corrected through Wednesday, March 26, 2014

The People of the State of New York,Respondent, v Lashawn Gilbert, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Toomey, J.), rendered October 10, 2012, convicting her of criminal sale of a controlledsubstance in the third degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the County Court failed to comply with CPL 400.21before sentencing her as a second felony offender is unpreserved for appellate review (see People v Sanabria, 110AD3d 1010 [2013]; Peoplev Winslow, 100 AD3d 1031, 1031 [2012]; People v Merriman, 45 AD3d 700 [2007]). In any event,the defendant's contention is without merit, as the County Court substantially compliedwith the requirements of CPL 400.21 (see People v Bouyea, 64 NY2d 1140,1142 [1985]; People vSanabria, 110 AD3d 1010 [2013]; People v Winslow, 100 AD3d 1031 [2012]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Rivera, J.P., Dickerson, Cohen and Hinds-Radix, JJ., concur.