Opinion
April 14, 1989
Appeal from the Niagara County Court, DiFlorio, J.
Present — Dillon, P.J., Denman, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to the claims raised by defense counsel and defendant pro se. The court's allocution at the plea proceeding was proper and defendant's sentence is not excessive. Moreover, the record contains a statement verifying defendant's status as a predicate felon. Whether this statement was presented timely to the sentencing court is not determinative (see, People v Scarbrough, 66 N.Y.2d 673, revg on dissenting mem [Boomer, J.] at 105 A.D.2d 1107), particularly since defendant acknowledged the prior felony convictions (see, People v. Lattmen, 101 A.D.2d 662).