People v. Harris

Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered Janu*103ary 27, 1992, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

The trial court did not abuse its discretion in rejecting, without a hearing, defendant’s challenge to the use of his two prior convictions to adjudicate him a persistent violent felony offender. As for the 1976 conviction, defendant is bound by the 1980 predicate felony determination that was based thereon (see, CPL 400.15…