People v. Ayers

¶1— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and defendant remanded to Monroe County Court for further proceedings in accordance with memorandum, and otherwise judgment affirmed. Memorandum: At the time of sentencing defendant as a second felony offender, the court summarily rejected defendant’s efforts to challenge the validity of the predicate felony on constitutional grounds. This was error. A hearing was required. (CPL 400.21, subd 7, par [b]; see People v Johnson, 62 AD2d 1174; People v Thompson, 60 AD2d 765; People v Fraser, 54 AD2d 965; People v Lindbergh, 33 AD2d 800.) We have reviewed defendant’s other contentions and have found them to be without merit. (Appeal from judgment of Monroe County Court — robbery, first degree.) Present — Simons, J. P., Hancock, Jr., Callahan, Witmer and Moule, JJ.