Opinion
December 19, 1989
Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).
Defendant pleaded guilty and was sentenced in accordance with the promise made in connection with his plea of guilty. Defendant now argues that he was improperly adjudicated a predicate felon because, in accepting the plea on the underlying felony, the court failed to advise him that his conviction would subject him to enhanced punishment in the future should he commit another felony. This claim is without merit. (People v McGrath, 43 N.Y.2d 803, 804.) Since defendant was sentenced in accordance with the plea bargain he had made, he can hardly complain. (See, People v McCullers, 40 A.D.2d 796, 797, affd 33 N.Y.2d 806.) In any event, we find his sentence to be appropriate.
Concur — Kupferman, J.P., Sullivan, Carro, Rosenberger and Ellerin, JJ.