Opinion
Submitted March 26, 2001
April 16, 2001
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 4, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his present argument challenging a prior conviction in the State of Connecticut as not being the equivalent of a New York felony is an issue that must be raised and explored at the trial level, where a record can be developed for appellate review (see, People v. Samms, 95 N.Y.2d 52, 57). The failure to do so renders the defendant's present claim unpreserved for appellate review (see, People v. Smith, 73 N.Y.2d 961; People v. Rodriguez, 276 A.D.2d 379; People v. Johnson, 266 A.D.2d 728; People v. Johnson, 242 A.D.2d 896; People v. Salim, 222 A.D.2d 621), and we decline to review it in the exercise of our interest of justice jurisdiction (see, People v. Cortese, 222 A.D.2d 448; People v. DeGroat, 203 A.D.2d 378; People v. Perez, 202 A.D.2d 695).
Deborah Wolikow Loewenberg, New City, N.Y. (George W. Galgano, Jr., of counsel), for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, SONDRA MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
RITTER, J.P., KRAUSMAN, S. MILLER and FEUERSTEIN, JJ., concur.