People v. Smith

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered December 22, 2008, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of three years, unanimously affirmed.

Defendant’s claim that the sentencing court should have held a hearing on his challenge to the constitutionality of his predicate felony conviction “relate[s] to presentence procedures” (People v Samms, 95 NY2d 52, 58 [2000]), and thus…