Opinion
July 14, 1992
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, by admitting his status as a second felony offender in open court in the presence of his counsel, waived strict compliance with CPL 400.21, and was properly sentenced as a second felony offender (see, People v. Blair, 59 A.D.2d 767; see also, People v. Cates, 104 A.D.2d 895, 896; People v. Alexander, 98 A.D.2d 961; People v Bryant, 47 A.D.2d 51, 63). We decline to modify defendant's sentence in the interest of justice.