People v. Lee

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered July 31, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as second felony offender, to a term of 6 years to life, unanimously affirmed.

The court properly sentenced defendant as a second felony offender. Defendant was not entitled to a hearing pursuant to CPL 400.21 (5) since he did not controvert the allegations in the predicate felony statement (CPL 400.21 [4]; see, People v Gonzalez, 108 AD2d 622, 623-624). In any event, the…