Opinion
June 1, 1987
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the judgment is affirmed.
The defendant cannot seek suppression of his prior conviction of the misdemeanor charge of driving while intoxicated on the ground that that conviction was "unconstitutionally obtained" (see, People v Knack, 128 A.D.2d 307 [decided herewith]). In any case, the record discloses that the defendant voluntarily waived his constitutional rights when he pleaded guilty to the prior misdemeanor charge of driving while intoxicated. Thus, the instant charge of driving while intoxicated was properly increased to felony status. Brown, J.P., Niehoff, Sullivan and Harwood, JJ., concur.