Opinion
March 23, 1999
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Defendant's contentions that his sentence as a persistent violent felony offender constitutes cruel and unusual punishment and violates the Double Jeopardy Clause are unpreserved ( People v. Bundy, 235 A.D.2d 334, 338, affd 90 N.Y.2d 918), and we decline to review them in the interests of justice. Were we to review these claims, we would find that the sentence was not cruel and unusual ( People v. Broadie, 37 N.Y.2d 100, 113), and that the court did not impose multiple punishment for defendant's past crimes in violation of the Double Jeopardy Clause ( People v. Vasquez, 89 N.Y.2d 521, 527, cert denied sub nom. Cordero v. Lalor, 522 U.S. 846). Finally, we note that the court's single inadvertent reference to defendant as a "predicate felon" during sentencing is of no significance ( see, People v. Mesa, 247 A.D.2d 347, lv denied 91 N.Y.2d 975).
Concur — Ellerin, P. J., Lerner, Andrias and Saxe, JJ.