Opinion
November 16, 1994
Appeal from the Genesee County Court, Morton, J.
Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to the contention that the People failed to meet their burden of proof beyond a reasonable doubt that defendant had previously been convicted of a felony. Because defendant never successfully challenged the previous determination that he was a second felony offender, by either direct appeal or post-judgment motion, that determination is binding on him (see, CPL 400.21; People v Young, 123 A.D.2d 366, 367, lv denied 68 N.Y.2d 919; People v Ames, 115 A.D.2d 543, 545, lv denied 67 N.Y.2d 759).