Opinion
September 1, 1994
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
The exclusion in Penal Law § 265.02 (4) for possession of a weapon in one's place of business was not available to defendant since under no view of the evidence could the place where defendant was employed be found to encompass the sidewalk outside where defendant was arrested in possession of a gun (cf., People v. Powell, 54 N.Y.2d 524, 531). Nor did the trial court err in refusing to charge criminal possession of a weapon in the fourth degree as a lesser included offense of criminal possession of a weapon in the third degree (People v. Ali, 36 N.Y.2d 880, 882). Concerning defendant's adjudication as a second felony offender, defendant's claim that he was innocent of the prior crime does not raise a reviewable constitutional challenge to the prior conviction (People v Castaneda, 196 A.D.2d 760, lv denied 82 N.Y.2d 848; see, People v Moore, 71 N.Y.2d 1002, 1005), and his bare conclusory assertion that he was coerced into pleading guilty by his co-defendants was insufficient to warrant a hearing in the face of plea minutes demonstrating that the plea was voluntarily given (see, People v Polanco, 192 A.D.2d 393; People v. Lopez, 192 A.D.2d 451, lv denied 82 N.Y.2d 722).
Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Nardelli, JJ.