Opinion
2001-10566
Submitted November 22, 2002.
December 16, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered November 8, 2001, convicting him of grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, criminal mischief in the third degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Roni C. Piplani of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that he was improperly adjudicated a second felony offender is unpreserved for appellate review (see People v. Smalls, 293 A.D.2d 500). In any event, the claim is without merit (see People v. Alston, 289 A.D.2d 339; People v. Mann, 258 A.D.2d 738; People v. Whiterspoon, 155 A.D.2d 636).
The defendant's remaining contention is without merit.
KRAUSMAN, J.P., McGINITY, SCHMIDT and MASTRO, JJ., concur.