Opinion
April 25, 2000.
Judgment, Supreme Court, New York County (Felice Shea, J.), rendered March 8, 1996, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.
Mathew Kleiner, for respondent.
Laura Rossi-Ortiz, for defendant-appellant.
WILLIAMS, J.P., MAZZARELLI, RUBIN, BUCKLEY, FRIEDMAN, JJ.
Defendant's claim that his conviction for felony assault ( Penal Law § 120.10[4]) was not based on a proper underlying felony is both unpreserved and waived by his guilty plea (see, People v. Taylor, 65 N.Y.2d 1). In any event, were we to review this claim, we would find it to be without merit. The sentence imposed was specifically agreed to.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.