Opinion
October 19, 2000.
Judgment, Supreme Court, Bronx County (John Stackhouse, J., at plea and sentence; Denis Boyle, J., at resentence), rendered October 7, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and resentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Ashley G. Marsh, for respondent.
Jan Hoth-Uzzo, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Lerner, Rubin, Friedman, JJ.
Defendant was properly sentenced as a second felony offender. Defendant did not establish any constitutional infirmity in his predicate conviction, since he failed to supply any specific proof that he did not sign a waiver of indictment in open court so as to overcome the presumption of regularity (see, People v. Torres, 265 A.D.2d 226, lv denied 94 N.Y.2d 886).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.