Appellate Division of the Supreme Court of the State of New York October 3, 2012 (People v. Griffin)

*721The defendant moved, inter alia, to set aside the sentence imposed for his conviction under indictment No. 2221/08, on the ground that he was improperly sentenced as a second felony offender based on a conviction which did not meet the statutory definition of a predicate felony conviction (see Penal Law § 70.06 [1] [a], [b]).