Opinion
August 3, 1992
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
The defendant's claim that charges arising from two separate incidents were improperly joined in one indictment is raised for the first time on appeal, and thus, is unpreserved for appellate review as a matter of law (CPL 470.05). In any event, the offenses were properly joinable, pursuant to CPL 200.20 (2) (c) (see, People v. Edwards, 160 A.D.2d 720).
Further, contrary to the defendant's contention, he was properly sentenced as a persistent violent felony offender (see, Penal Law § 70.08; People v. Herrar, 120 A.D.2d 614; People v. Morse, 62 N.Y.2d 205).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit (see, CPL 470.05; People v. Julian, 41 N.Y.2d 340). Mangano, P.J., Thompson, Lawrence and Santucci, JJ., concur.