Opinion
3615.
Decided May 13, 2004.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered August 29, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed. The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 N.Y.2d 759, 761).
Laura R. Johnson, The Legal Aid Society, New York (Kerry Elgarten of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Gregory H. Mansfield of counsel), for respondent.
Before: Tom, J.P., Andrias, Sullivan, Ellerin, Williams, JJ.
The court properly exercised its discretion in imposing reasonable limitations on defendant's direct and cross-examination of witnesses at the hearing ( see Delaware v. Van Arsdall, 475 U.S. 673, 678-679). The precluded inquiries were improper in form or irrelevant, and defendant received ample opportunity to develop relevant matters. Defendant's remaining complaints about the court's conduct do not warrant a new hearing ( see e. g. People v. Robinson, 3 A.D.3d 404).
Defendant's claims regarding his adjudication as a predicate felon are unpreserved ( see People v. Smith, 73 N.Y.2d 961), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the sentencing court substantially complied with the statutory procedures ( see CPL 400.21; People v. Bouyea, 64 N.Y.2d 1140), and that defendant was properly adjudicated a second felony offender based upon his New Jersey conviction (NJ Stat Annot § 2C:35-7), in that it was undisputed that the prior conviction involved cocaine and not marijuana ( see People v. Bell, 259 A.D.2d 429, lv denied 93 N.Y.2d 922).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.