People v. Wilkes

278 A.D.2d 136, 718 N.Y.S.2d 174, 2000 N.Y. App. Div. LEXIS 14022

Opinion

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered February 19, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s claim that his South Carolina conviction did not qualify as a predicate felony requires preservation (People v Samms, 95 NY2d 52, 57; People v Smith, 73 NY2d 961), and we decline to review this expressly waived contention in the interest of justice. Concur — Sullivan, P. J., Wallach, Lerner, Andrias and Buckley, JJ.