People v. Blair — 26 A.D.3d 513

Majority

p. 513

The People of the State of New York, Respondent, v Teddy Blair, Appellant.

[809 NYS2d 462]

Appeal by the defen

p. 514

dant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered December 16, 2004, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was improperly adjudicated a second felony offender is unpreserved for appellate review (see People v Smith, 73 NY2d 961 [1989]; People v Sullivan, 153 AD2d 223 , 232-233 [1990]). In any event, the defendant’s adjudication as a second felony offender was proper (compare People v Samms, 95 NY2d 52 [2000]; People v Stanley, 12 AD3d 467 [2004]).

Appellate review of the defendant’s claim that the sentence imposed was excessive was effectively waived by him as part of his plea agreement (see People v Callahan, 80 NY2d 273 [1992]; see also People v Muniz, 91 NY2d 570 [1998]; People v Seaberg, 74 NY2d 1 [1989]). Santucci, J.P., Luciano, Fisher and Covello, JJ., concur.

Cases cited

People v. Smith 73 NY2d 961 N.Y. 1989-03-30 p. 514
People v. Sullivan 153 AD2d 223 N.Y. App. Div. 1990-01-08 at 232-233 p. 514
People v. Samms 95 NY2d 52 N.Y. 2000-06-13 p. 514
People v. Stanley 12 AD3d 467 N.Y. App. Div. 2004-11-08 p. 514
People v. Callahan 80 NY2d 273 N.Y. 1992-10-27 p. 514
People v. Muniz 91 NY2d 570 N.Y. 1998-06-04 p. 514
People v. Seaberg 74 NY2d 1 N.Y. 1989-06-15 p. 514