Opinion
December 21, 2000.
Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered February 19, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Vincent Rivellese, for respondent.
Mitchell J. Briskey, for defendant-appellant.
Before: Sullivan, P.J., Wallach, Lerner, Andrias, Buckley, JJ.
Defendant's claim that his South Carolina conviction did not qualify as a predicate felony requires preservation (People v. Samms, 95 N.Y.2d 52, 57; People v. Smith, 73 N.Y.2d 961), and we decline to review this expressly waived contention in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.