Opinion
March 26, 1996
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
As defendant failed to controvert his predicate felony status at the predicate felony hearing, any question concerning whether his New Jersey conviction for possession of a controlled dangerous substance with intent to distribute is equivalent to a felony conviction in New York is unpreserved for appellate review as a matter of law ( People v Perez, 203 A.D.2d 123, 124, lv denied 83 N.Y.2d 970). In any event, based upon the record before this Court, the relevant New Jersey statute (NJ Stat Annot § 24:21-19 [a] [1]) is equivalent to criminal possession of a controlled substance in the third degree (Penal Law § 220.16), a class B felony ( see, People v Muniz, 74 N.Y.2d 464, 467-468).
Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.