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People v. Barton

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1990
166 A.D.2d 807 (N.Y. App. Div. 1990)

Opinion

October 25, 1990

Appeal from the County Court of Broome County (Monserrate, J.).


Defendant's contention that he was illegally sentenced as a second felony offender because his Florida burglary conviction does not qualify as a predicate felony offense under New York law has not been preserved for our review. Defendant was required to raise the issue during the predicate felony proceeding before County Court (see, CPL 400.21; see also, People v. Smith, 73 N.Y.2d 961). Defendant has failed to make a record and preserve his claim for review (see, People v. Sullivan, 153 A.D.2d 223, 233, lv denied 75 N.Y.2d 925).

Judgment affirmed. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.


Summaries of

People v. Barton

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1990
166 A.D.2d 807 (N.Y. App. Div. 1990)
Case details for

People v. Barton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD BARTON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 25, 1990

Citations

166 A.D.2d 807 (N.Y. App. Div. 1990)
563 N.Y.S.2d 681

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