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PEOPLE v. RODRIGUEZ

276 A.D.2d 379 (2000)

714 N.Y.S.2d 440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RODRIGUEZ, Also Known as ANTHONY ORTEGA, Appellant.

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

Decided October 19, 2000.

Defendant's claim that he was improperly sentenced as a second felony offender on the basis of a New Hampshire predicate conviction under a statute that is allegedly broader than New York's analogous statutes is a claim requiring preservation (People v Smith, 73 N.Y.2d 961), and such claim was expressly waived. In any event, defendant's argument is identical to arguments that have been repeatedly rejected by this Court (see, e...

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