The sentencing court properly rejected defendant's constitutional challenge to a prior felony conviction, even if the court may have relied too heavily on a purported affirmance of that conviction, the grounds of which were not specified (compare, People v. Nalo, 91 A.D.2d 957, with People v. Di Giacomo, 96 A.D.2d 1127). A defendant is required to "allege and prove the facts underlying the claim that the conviction was unconstitutionally obtained (CPL 400.21, subd 7, par [b])" (People v. Harris, 61 N.Y.2d 9, 15). Defendant failed to establish that he received ineffective assistance of counsel at the time of his prior guilty plea, and he never requested time to prepare a proper challenge.
Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Williams, JJ.