Opinion
March 14, 1988
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgments are affirmed.
The Supreme Court properly denied the defendant's motion to withdraw his guilty pleas. The defendant's sole ground for seeking vacatur of the pleas was that he had been improperly adjudicated a second felony offender. As this claim had no connection to the validity of the guilty pleas, there was no legal basis for granting the motion.
Similarly, the Supreme Court properly declined to hold a hearing concerning the defendant's status as a second felony offender. The defendant admitted that he had previously been adjudicated a second felony offender and that he did not appeal or otherwise challenge that finding. Therefore, pursuant to CPL 400.21 (8), the prior finding was binding at the sentencing in this case, and the issues raised were not open for review (People v. Loughlin, 66 N.Y.2d 633, 636, rearg denied 66 N.Y.2d 916; People v. Morcilio, 91 A.D.2d 1074). Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.