Opinion
March 11, 1991
Appeal from the Supreme Court, Richmond County (Sullivan, J.).
Ordered that the judgment is affirmed.
The defendant asserts that he was incapacitated or otherwise unable to comprehend the proceedings wherein he pleaded guilty and upon which his predicate felony conviction was based. The Supreme Court correctly determined that there was no substantive basis to this claim and properly denied the defendant's challenge to his status as a predicate felon (see, People v Buckley, 139 A.D.2d 589; People v Gosso, 130 A.D.2d 683; People v Nance, 110 A.D.2d 857; see also, People v Harris, 61 N.Y.2d 9). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.