Defendant was sentenced as a second felony offender after a hearing occasioned by his denial that he was the person involved in a prior conviction. Under CPL 400.21 (subd 7) the burden of proof is on the People who must prove by admissible evidence that the defendant is, beyond a reasonable doubt, the person referred to in the arrest record. The prosecution introduced an arrest record (NYSIIS sheet) which indicated a conviction for rape, second degree, by a Gerald Cooper...
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