Opinion
3808.
Decided June 8, 2004.
Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered February 27, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3 years, unanimously affirmed.
Terence J. Sweeney, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
Defendant's claim that his New Jersey felony did not qualify as a predicate felony is unpreserved ( People v. Samms, 95 N.Y.2d 52, 57), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was properly adjudicated a second felony offender.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.