Opinion
2000-08275.
Decided May 10, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered August 28, 2000, convicting him of attempted burglary in the second degree, upon his plea of guilty, and sentencing him as a persistent violent felony offender to an indeterminate term of imprisonment of 12 years to life.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was properly adjudicated a persistent violent felony offender since he was previously sentenced on separate occasions for two predicate violent felonies ( see Penal Law § 70.08[a]; People v. Khatib, 166 A.D.2d 668, 669; People v. Mack, 301 A.D.2d 863, 865; People v. Hunt, 243 A.D.2d 854, 855).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.