Opinion
September 27, 1996.
Judgment unanimously affirmed.
Before: Present Denman, P.J., Green, Callahan, Doerr and Boehm, JJ.
Defendant appeals from a judgment convicting him of robbery in the first degree. Defendant argues that he was illegally sentenced as a persistent violent felony offender because one of the convictions used as a predicate violent felony offense, armed bank robbery pursuant to 18 USC § 2113 (a), is not a violent felony under New York law (see, People v Walker, 185 AD2d 951, 952, lv denied 80 NY2d 977). Defendant was previously convicted of attempted robbery in the first degree and was adjudicated a second violent felony offender based upon the armed bank robbery conviction. The attempted robbery conviction was affirmed by this Court ( People v Wilson, 143 AD2d 547). Where there has been a prior finding that a particular conviction is a predicate violent felony conviction, defendant cannot challenge that finding in a subsequent proceeding to adjudicate him a persistent violent felony offender [see, CPL 400.15; People v Seifert, 209 AD2d 555, 556, lv denied 85 NY2d 914; People v Johnson, 196 AD2d 408, 409, lv denied 82 NY2d 806; People v Cole, 165 AD2d 737, 738, lv denied 76 NY2d 1020; but see, People v Bermudez, 200 AD2d 392 ). We have examined the remaining arguments raised by defendant and conclude that they lack merit. (Appeal from Judgment of Monroe County Court, Marks, J. — Robbery, 1st Degree.)