Opinion
2002-00435
Submitted October 7, 2003.
November 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barros, J.), rendered January 9, 2002, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions either are unpreserved for appellate review ( see People v. Curry, 301 A.D.2d 658; People v. Owens, 294 A.D.2d 603) or waived pursuant to the terms of his negotiated plea agreement ( see People v. Hidalgo, 91 N.Y.2d 733). In any event, his contentions are without merit ( see People v. Garcia, 247 A.D.2d 549, affd 92 N.Y.2d 726, cert denied 528 U.S. 845; People v. Johnson, 254 A.D.2d 49).
RITTER, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.