People v. Benston

Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered July 10, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, and order, same court (John A.K. Bradley, J.), entered on or about December 15, 2003, which denied defendant’s CPL 440.20 motion to set aside the sentence, unanimously affirmed.

Since defendant’s argument that his South Carolina conviction could not serve as a predicate felony because the statute on which it was based…