People v. Whaley

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered August 9, 2004, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has failed to preserve his challenge to the procedures utilized to adjudicate him a second felony offender. In any event, under all of the circumstances of this case, any error including, inter alia, the court’s failure to articulate a finding that the defendant was a second felony offender, was harmless. Notably, the…