Opinion
May 30, 1989
Appeal from the County Court, Orange County (Patsalos, J.).
Ordered that the judgment is affirmed.
The defendant's contention with respect to the propriety of the second felony offender statement filed by the People is unpreserved for appellate review and, in any event, lacks merit. Similarly without merit is the defendant's contention that the second felony offender statute (see, Penal Law § 70.06) is unconstitutional as applied to him. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.