Torts · MBE-tested

The People of the State of New York, Respondent, v. Jose Martinez, Appellant

271 A.D.2d 352708 N.Y.S.2d 280·New York Supreme Court, Appellate Division·2000·NY

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Opinion

The People of the State of New York, Respondent, v Jose Martinez, Appellant. [708 NYS2d 280] [MAJORITY] —Judgment, Supreme Court, New York County (Felice Shea, J.), rendered March 8, 1996, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed. Defendant’s claim that his conviction for felony assault (Penal Law § 120.10 [4]) was not based on a proper underlying felony is both unpreserved and waived by his guilty plea (see, People v Taylor, 65 NY2d 1). In any event, were we to review this claim, we would find it to be without merit. The sentence imposed was specifically agreed to. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.