Opinion
April 26, 1994
Appeal from the Supreme Court, New York County (Richard B. Lowe, III, J.).
Defendant's contention that the court erred in not holding a hearing to determine whether he should be sentenced as a second felony offender is without merit since the court, after questioning defendant and examining the documentary evidence, properly concluded that defendant's challenge to the validity of his prior conviction advanced no legitimate basis for such a hearing.
Concur — Rosenberger, J.P., Ellerin, Ross, Nardelli and Williams, JJ.