PEOPLE v. ROSS

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of attempted criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02). We reject the contention of defendant that County Court erred in sentencing him as a second felony offender. Defendant waived strict compliance with CPL 400.21 when he admitted the predicate felony and informed the court that he was not challenging the predicate felony statement ( see People v. Maynard, 294 AD2d 866, lv denied 98 NY2d 699; People v. Kennedy, 277 AD2d 814, lv denied 96 NY2d 760; see also People v. Leon, 23 AD3d 1110).