Opinion
April 14, 1998
Appeal from the Supreme Court, New York County (Michael Corriero, J.).
Defendant was properly adjudicated a persistent violent felony offender. Defendant's failure to challenge his first felony conviction prior to his being sentenced on his second felony conviction constitutes a waiver of his right to challenge the first conviction at this time ( see, CPL 400.15; 400.16 [2]; People v. Tubens, 237 A.D.2d 170, lv denied 90 N.Y.2d 898).
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Lerner, P.J., Sullivan, Milonas, Ellerin and Andrias, JJ.