Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly sentenced him as a violent felony offender upon his conviction of burglary in the second degree (Penal Law § 140.25 [2]; see, Penal Law § 70.02 [1] [b]). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Harvey, J.— Burglary, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Scudder and Lawton, JJ.
The People of the State of New York, Respondent, v. Emmanuel A. Arroyo, Appellant
281 A.D.2d 963722 N.Y.S.2d 452
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