Opinion
December 14, 1993
Appeal from the Supreme Court, Bronx County (Max Sayah, J.).
The trial court did not abuse its discretion in rejecting, without a hearing, defendant's challenge to the use of his two prior convictions to adjudicate him a persistent violent felony offender. As for the 1976 conviction, defendant is bound by the 1980 predicate felony determination that was based thereon (see, CPL 400.15; 400.21 [8]; People v Loughlin, 66 N.Y.2d 633, 635-636). As for the 1980 conviction, defendant's allegations were bare of facts sufficient to support a finding of unconstitutionality (see, People v Harley, 52 A.D.2d 698; People v Silvers, 163 A.D.2d 71).
We have considered defendant's other arguments and find them to be without merit.
Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.