Opinion
June 10, 1998
Appeal from Judgment of Jefferson County Court, Clary, J. — Attempted Robbery, 2nd Degree.
Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law § 110.00, 160.10 Penal). Defendant contends that, because he challenged the constitutionality of a prior conviction as the predicate for his second. felony offender status, County Court erred in failing to conduct a hearing on that issue pursuant to CPL 400.21 (7) (b) before sentencing him as a second felony offender. We disagree. Defendant challenged the constitutionality of the prior conviction in an appeal to this Court from that judgment of conviction, contending that the verdict was repugnant. We affirmed the judgment and noted that his contention that the verdict was repugnant was unpreserved for appellate review (People v. Snyder, 192 A.D.2d 1080, lv denied 82 N.Y.2d 903). Thus, a hearing on the same issue previously before this Court was not required (see, People v. Ward, 232 A.D.2d 218, 218-219; People v. Di Giacomo, 96 A.D.2d 1127).
We have examined defendant's remaining contentions and conclude that they are without merit.