| People v Cruz |
| 2008 NY Slip Op 08751 [56 AD3d 570] |
| November 12, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseRosado Cruz, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, RichardLongworth Hecht, and Anthony J. Servino of counsel; Ashley J. McCarthy on the brief), forrespondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered June 12, 2007, convicting him of grand larceny in the second degree andunauthorized use of a motor vehicle in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court erred in sentencing him as a second felonyoffender on the ground that his prior felony conviction was jurisdictionally defective (see People v Quarcini, 4 AD3d864 [2004]). The defendant, however, was fully advised of his right to a hearing tocontrovert the predicate felony statement filed by the People, including the right to challenge thejurisdictional propriety of his prior conviction. " 'His failure to object to, or controvert the use of,his prior felony conviction as a predicate felony, or request a hearing thereon, was a waiver of hisright to challenge that conviction and its validity' " (People v Andre, 132 AD2d 560[1987], quoting People v Banks, 117 AD2d 611 [1986]; see People v Crippa, 245AD2d 811 [1997]; People v Shriay, 240 AD2d 783 [1997]; People v Russell, 234AD2d 979 [1996]; People v Barton, 200 AD2d 888 [1994]; People [*2]v Alexander, 176 AD2d 947 [1991]; People v Ubiles,130 AD2d 788 [1987]). Skelos, J.P., Ritter, Dillon, Carni and Leventhal, JJ., concur.