PEOPLE v. ANDERSON


100 A.D.2d 937 (1984)

The People of the State of New York, Appellant, v. Franklin Anderson, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 1984


¶ Sentences vacated, defendant is adjudicated a second felony offender, and the matter is remitted to Criminal Term for resentencing in accordance herewith.

¶ The People satisfied their burden at the predicate felony hearing by establishing beyond a reasonable doubt the existence of defendant's previous felony conviction. It is not their burden in the first instance to establish the constitutionality of that conviction. Once the fact of the prior conviction...

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