People v. Geier

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Prior to sentencing, the People filed a predicate felony statement *1016asserting that defendant had been convicted of grand larceny in the third degree upon his plea of guilty on October 9, 1981. Defendant admitted that he was the same person previously convicted, but claimed that the prior conviction, based upon an Alford plea (see, North Carolina v Alford, 400 US 25), was unconstitutionally obtained…