PEOPLE v. SHINE


186 A.D.2d 1041 (1992)

The People of the State of New York, Respondent, v. Bobby Ray Shine, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 7, 1992


Judgment unanimously affirmed.

Memorandum:

We reject defendant's argument that County Court erred in sentencing him as a second felony offender. Defendant failed to controvert any of the allegations in the predicate felony offender statement at the time of sentencing. Thus, that issue has not been preserved for appellate review (see, CPL 400.21 [3]; People v Smith, 73 N.Y.2d 961). In any event, defendant's...

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