Opinion
Submitted October 20, 1999
November 30, 1999
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered January 26, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Cristina D'Amato Arvoy, White Plains, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass and Robert J. Conflitti of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that he was improperly adjudicated a second felony offender on the ground that the procedures set forth in CPL 400.21 were not followed. However, there was sufficient compliance with the requirements of CPL 400.21 ( see, People v. Witherspoon, 155 A.D.2d 636; see also, People v. Bouyea, 64 N.Y.2d 1140). In addition, since the defendant received the agreed-upon sentence, he cannot now complain that it was excessive ( see, People v. Kazepis, 101 A.D.2d 816).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.