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PEOPLE v. COOK

117 A.D.2d 993 (1986)

The People of the State of New York, Respondent, v. Karen Cook, Appellant

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

February 21, 1986

Judgment unanimously affirmed.

Memorandum:

Defendant challenged the constitutionality of her prior felony conviction at her sentencing as a second felony offender on the ground that she was denied effective assistance of counsel. The People proved the existence of the prior felony conviction (CPL 400.21 [7] [a]), thereby shifting the burden of proof to defendant to show that the prior conviction was unconstitutionally obtained (CPL 400.21 [7] [b]; People...

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