Opinion
October 7, 1992
Appeal from the Cattaraugus County Court, Kelly, J.
Present — Callahan, J.P., Boomer, Pine, Boehm and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's argument that County Court erred in sentencing him as a second felony offender. Defendant failed to controvert any of the allegations in the predicate felony offender statement at the time of sentencing. Thus, that issue has not been preserved for appellate review (see, CPL 400.21; People v Smith, 73 N.Y.2d 961). In any event, defendant's prior felony conviction for grand larceny in the third degree properly qualifies as a predicate felony for purposes of the second felony offender sentencing statute (Penal Law § 70.06 [b] [i]). Furthermore, as part of defendant's favorable plea bargain, he expressly agreed to be sentenced to the minimum permissible term as a second felony offender. In our view, defendant received meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 147).