PEOPLE v. CRUZ (2008)

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 and unauthorized use of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the County Court erred in sentencing him as a second felony offender on the ground that his prior felony conviction was jurisdictionally defective (see People v. Quarcini, 4 A.D.3d 864, 771 N.Y.S.2d 784).   The defendant, however, was fully advised of his right to a hearing to controvert the predicate felony statement filed by the People, including the right to challenge the jurisdictional 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 his right to challenge that conviction and its validity’ ” (People v. Andre, 132 A.D.2d 560, 560, 517 N.Y.S.2d 286, quoting People v. Banks, 117 A.D.2d 611, 611, 498 N.Y.S.2d 72;  see People v. Crippa, 245 A.D.2d 811, 666 N.Y.S.2d 781;  People v. Shriay, 240 A.D.2d 783, 658 N.Y.S.2d 152;  People v. Russell, 234 A.D.2d 979, 652 N.Y.S.2d 681;  People v. Barton, 200 A.D.2d 888, 606 N.Y.S.2d 842;  People v. Alexander, 176 A.D.2d 947, 575 N.Y.S.2d 682;  People v. Ubiles, 130 A.D.2d 788, 516 N.Y.S.2d 73).