Defendant cannot now complain of his adjudication as a second felony offender. He did not controvert the predicate felony statement although he was given the opportunity to do so; therefore, any question as to whether his prior conviction in Nebraska for robbery is equivalent to a felony conviction in New York has not been preserved for our review (see, People v Smith,
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PEOPLE v. LENZ
167 A.D.2d 625 (1990)
The People of the State of New York, Respondent, v. Daniel Lenz, Appellant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
November 8, 1990
November 8, 1990
Appellate Division of the Supreme Court of the State of New York, Third Department.
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