Majority
p. 136The People of the State of New York, Respondent, v George Wilkes, Appellant. [718 NYS2d 174]
Judgment, Su
p. 137
preme 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.
Defendant’s claim that his South Carolina conviction did not qualify as a predicate felony requires preservation (People v Samms, 95 NY2d 52 , 57; People v Smith, 73 NY2d 961 ), and we decline to review this expressly waived contention in the interest of justice. Concur — Sullivan, P. J., Wallach, Lerner, Andrias and Buckley, JJ.
Cases cited
- People v. Samms 95 NY2d 52 at 57 p. 137
- People v. Smith 73 NY2d 961 p. 137