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PEOPLE v. UBILES
Appellate Division of the Supreme Court of New York, Second Department.
May 26, 1987
Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review the issue of the sufficiency of his plea allocution (see, People v Pellegrino, 60 N.Y.2d 636) and, in any event, reversal in the interest of justice is not warranted (see, People v. Harris, 61 N.Y.2d 9).
Furthermore, by having failed to contest the constitutionality of his prior felony conviction, the defendant waived his claim that the predicate conviction was unconstitutionally obtained (CPL 400.21; People v. Oliver, 63 N.Y.2d 973; People v. Mumit, 106 A.D.2d 411). Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.
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