People v. Snyder

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10). Defendant contends that, because he challenged the constitutionality of a prior conviction as the predicate for his second felony offender status, County Court erred in failing to conduct a hearing on that issue pursuant to CPL 400.21 (7) (b) before sentencing him as a second felony offender. We disagree. Defendant challenged the constitutionality of the prior conviction in an appeal to this Court from…