PEOPLE v. MORALES

Ordered that the order is affirmed.

On this appeal from an order denying the defendant's post-judgment motion to vacate his sentences, the defendant again argues that he was improperly sentenced as a second felony offender, an issue previously found by this court to have been unpreserved for appellate review upon the defendant's direct appeal from his sentences (see, People v Morales, 143 A.D.2d 949).

In any event, the County Court properly denied the defendant's motion to vacate his sentences on the basis, inter alia, of waiver (see, People v Andre, 132 A.D.2d 560). We further note that the motion could have been denied pursuant to CPL 440.20 (2) (cf., People v Chapman, 115 A.D.2d 911). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.