People v. Pacheco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, *665but on the ground that defendant had no standing to raise the equal protection argument he advances (People v Parker, 41 NY2d 21, 24-25).

Defendant’s equal protection contention is based upon the definition of predicate felony conviction in subdivision 1 (par [b], cl [i]) of section 70.06 of the Penal Law, which is: “The conviction must have been in this state of a felony, or in any other jurisdiction of an offense for which a sentence to a term of imprisonment in excess of one year or a sentence of death…