Opinion
March 10, 1994
Appeal from the County Court of Rensselaer County (Dwyer, Jr., J.).
Defendant was convicted in 1990 upon a plea of guilty to two counts of rape in the second degree and incest. The plea was accepted in full satisfaction of a 23-count indictment with an agreed-upon sentence. On January 9, 1991, after receipt of a presentence report, defendant was sentenced to two prison terms of 3 to 6 years and one prison term of 2 to 4 years, all to run consecutively.
On appeal, this Court modified the judgment by vacating the sentence imposed and remitted the matter for the filing of a predicate felony information and resentencing ( 180 A.D.2d 974). Defendant was resentenced on March 4, 1992 to the same sentence as previously imposed.
Defendant's contention that the North Carolina conviction utilized to enhance his sentence does not qualify as a predicate felony under New York law has not been preserved for our review as defendant did not raise the issue before County Court (see, People v. Barton, 166 A.D.2d 807, lv denied 76 N.Y.2d 1019). Likewise, defendant failed to object to the failure of County Court to order an updated presentence report or to move to vacate the resentence and, thus, failed to preserve the issue for appellate review (see, People v. Schneider, 188 A.D.2d 754, lv denied 81 N.Y.2d 892).
Cardona, P.J., Mikoll and Weiss, JJ., concur. Ordered that the judgment is affirmed.