People v. Mays

—Judgment unanimously affirmed. Memorandum: Defendant contends that he was improperly sentenced as a second felony offender because his prior felony conviction is jurisdictionally defective (see, People v Johnson, 187 AD2d 990). That contention, however, cannot be addressed on direct appeal because it is based on *1020documents that were not submitted to the sentencing court (see, People v Rodriguez, 123 AD2d 405, 406; People v McAllister, 116 AD2d 745). Defendant’s challenge to the predicate felony conviction should be raised in a proceeding pursuant to CPL article 440 (see, People v Johnson, 51…