| People v Reed |
| 2009 NY Slip Op 03057 [61 AD3d 1216] |
| April 23, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Mark Reed,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), forrespondent.
Lahtinen, J. Appeal, by permission, from an order of the County Court of Albany County(Breslin, J.), entered April 19, 2007, which denied defendant's motion pursuant to CPL 440.10 tovacate the judgment convicting him of the crime of criminal possession of a forged instrument inthe second degree, without a hearing.
Defendant pleaded guilty to the crime of criminal possession of a forged instrument in thesecond degree and was sentenced, pursuant to the plea agreement, as a second felony offender toa term of imprisonment of 3½ to 7 years. Subsequently, defendant moved pursuant to CPL440.10 to vacate the judgment of conviction, claiming that he was improperly sentenced as asecond felony offender. County Court denied the motion, prompting this appeal.
We affirm. As defendant's CPL 440.10 motion was limited solely to the validity of hissentence, the motion was properly denied (see CPL 440.10 [2] [d]). In any event,defendant acknowledged that he was convicted of the federal felonies that formed the basis ofthe special information charging the predicate offense, did not otherwise controvert the use ofthose convictions or request a hearing and, accordingly, waived his right to challenge theconvictions and their validity (seePeople v Cruz, 56 AD3d 570, 570 [2008]; People v Snare, 11 AD3d 823, 824-825 [2004], lv denied 4NY3d 748 [2004]).[*2]
Mercure, J.P., Rose, Malone Jr. and Kavanagh, JJ.,concur. Ordered that the order is affirmed.