PEOPLE v. BARTON

Mikoll, J.

Defendant's contention that he was illegally sentenced as a second felony offender because his Florida burglary conviction does not qualify as a predicate felony offense under New York law has not been preserved for our review. Defendant was required to raise the issue during the predicate felony proceeding before County Court (see, CPL 400.21; see also, People v. Smith, 73 N.Y.2d 961). Defendant has failed to make a record and preserve his claim for review (see, People v. Sullivan, 153 A.D.2d 223, 233, lv denied 75 N.Y.2d 925).

Judgment affirmed. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.