The sentencing court misconstrued the burden of proof requirements of CPL 400.21 in respect to establishing defendant's status as a second felony offender. As has recently been said by the Court of Appeals: "This section places upon the People the burden of proving beyond a reasonable doubt the existence of the previous felony conviction (CPL 400.21, subd 7, par [a]), but not its constitutionality. Once the fact of the prior conviction has been established, it is then incumbent...
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