Opinion
March 10, 1994
Appeal from the Supreme Court, New York County, Bernard Jackson, J., Clifford Scott, J.
Defendant's failure to challenge the constitutionality of a prior 1975 violent felony conviction at the time of his 1982 second violent felony offender hearing constitutes a waiver of his right to challenge the 1975 conviction at this time, even if the 1982 sentencing court did not inform defendant of his right to challenge the 1975 conviction (CPL 400.15 [b]; People v Froats, 163 A.D.2d 906, lv denied 76 N.Y.2d 940; People v Hurtado, 160 A.D.2d 654, 655, lv denied 76 N.Y.2d 789).
Concur — Murphy, P.J., Kupferman, Asch, Williams and Tom, JJ.