Defendant's contention that he was illegally sentenced as a second felony offender because his Florida burglary conviction does not qualify as a predicate felony offense under New York law has not been preserved for our review. Defendant was required to raise the issue during the predicate felony proceeding before County Court (see, CPL 400.21 [3]; see also, People v Smith,
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PEOPLE v. BARTON
166 A.D.2d 807 (1990)
The People of the State of New York, Respondent, v. Edward Barton, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
October 25, 1990
October 25, 1990
Appellate Division of the Supreme Court of the State of New York, Third Department.
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