Opinion
September 20, 1993
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the court impermissibly enhanced his sentence, without first affording him an opportunity to withdraw his plea (see, People v Atkinson, 127 A.D.2d 841; People v Mack, 107 A.D.2d 822). We also reject the defendant's contention that his prior conviction in New Jersey for distribution of a controlled dangerous substance (see, NJ Stat Annot § 24:21-19 [A] [a] [1]) could not serve as a predicate felony in New York (see, Penal Law § 70.06 [b] [i]). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.