Defendant was properly adjudicated a second felony offender. Advised to consult with counsel, defendant admitted the prior conviction contained in the predicate felony statement and failed to raise any constitutional claim in respect thereto (see, People v Sailor, 65 N.Y.2d 224, 235, cert denied 474 U.S. 982). His protestations of innocence regarding the prior felony conviction and questioning of the court did not challenge the constitutionality of that conviction, and thus did not necessitate a hearing (CPL 400.21 [b]; see, People v Jones, 183 A.D.2d 471, lv denied 80 N.Y.2d 896). We have reviewed the sentence, and find that it was not an abuse of discretion (see, People v Capasso, 171 A.D.2d 448, 449).
Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.