People v. Leston

OPINION OF THE COURT

Herbert I. Altman, J.

Defendant, having pleaded guilty to the crime of criminal possession of a weapon in the third degree, controverts the predicate felony statement filed by the People pursuant to CPL 400.15 (subd 2) on the grounds that (1) to sentence him as a second violent felony offender would be violative of the due process and ex post facto clauses of the United *713States Constitution, as well as the due process clause of the State Constitution and (2) the predicate felony offense relied upon by the People was unconstitutionally obtained.

I

Defendant’s first ground is…