Opinion
December 16, 1983
Appeal from the Onondaga County Court, Cunningham, J.
Present — Hancock, Jr., J.P., Doerr, Green, O'Donnell and Moule, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's sentence of three to six years, agreed upon at his plea to attempted criminal sale of a controlled substance, third degree, was based on his status as a predicate felon. Inasmuch as defendant admitted the particulars of the prior felony conviction at sentencing in the presence of counsel, defendant waived strict compliance with CPL 400.21 (see People v. English, 75 A.D.2d 981; People ex rel. Colon v. Reid, 70 A.D.2d 893; People v. Bryant, 47 A.D.2d 51).