Majority
p. 985The People of the State of New York, Respondent, v Michael Fielhauer, Appellant.
— Judgment unanimously affirmed. Memorandum: Having failed before the sentencing court to controvert the second felony offender statement on the ground that the prior conviction was unconstitutionally obtained, defendant is precluded from raising that issue on appeal (see, CPL 400.21 [7] [b]; People v Mumit, 106 AD2d 411 ). (Appeal from judgment of Genesee County Court, Morton, J.— criminal possession of weapon, third degree.) Present — Callahan, J. P., Boomer, Green, Balio and Lawton, JJ.
Cases cited
- People v. Mumit 106 AD2d 411 p. 985