PEOPLE v. JENSEN


163 A.D.2d 420 (1990)

The People of the State of New York, Respondent, v. Steven Jensen, Appellant

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

July 9, 1990


Ordered that the resentence is affirmed.

Contrary to the defendant's contention, the People satisfied their burden at the second felony offender hearing by establishing beyond a reasonable doubt the existence of the defendant's previous felony conviction (see, CPL 400.21). Once the fact of the prior conviction was established, it was then incumbent upon the defendant to prove the facts underlying his claim that the conviction was unconstitutionally obtained...

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