Opinion
May 16, 1994
Appeal from the County Court, Suffolk County (Tisch, J.).
Ordered that the sentence is affirmed.
The defendant's contention that the People's failure to comply with the provisions of CPL 400.21 denied him the opportunity to controvert his second felony offender status is without merit. He admitted that he was a second felony offender several times in open court, thereby waiving strict compliance with the statute (see, People ex rel. Colon v. Reid, 70 A.D.2d 893). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.