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PEOPLE v. ADAMS

111 A.D.2d 397 (1985)

The People of the State of New York, Respondent, v. Jerome Adams, Appellant

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

May 28, 1985

Judgment affirmed.

Once the fact of the prior felony conviction was established by the People and admitted by defendant, the burden then fell on defendant to allege and prove facts underlying his claim that his prior conviction was unconstitutionally obtained (CPL 400.21 [7] [b]; see, People v Harris, 61 N.Y.2d 9; People v Anderson, 100 A.D.2d 937). Inasmuch as defendant failed...

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