67 A.D.3d 497 887 N.Y.S.2d 844

The People of the State of New York, Respondent, v Kenneth Stepter, Appellant.

[887 NYS2d 844]

Judgement, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 7, 2008, convicting defendant, upon his plea *498of guilty, -of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony drug offender, to concurrent terms of eight years, unanimously affirmed.

Defendant’s challenge to his sentence is of a type that requires preservation (see People v Samms, 95 NY2d 52, 53-57 [2000]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that defendant’s out of state conviction qualified as a predicate felony conviction.

We perceive no basis for reducing the sentence. Concur— Gonzalez, EJ., Andrias, Saxe, Renwick and Manzanet-Daniels, JJ.

People v. Stepter
67 A.D.3d 497 887 N.Y.S.2d 844

Case Details

Name
People v. Stepter
Decision Date
Nov 12, 2009
Citations

67 A.D.3d 497

887 N.Y.S.2d 844

Jurisdiction
New York

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