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PEOPLE v. LEWIS

261 A.D.2d 908 (1999)

690 N.Y.S.2d 809

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LEWIS, Appellant.

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

Decided May 7, 1999.

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court improperly adjudicated him a second felony offender. The People proved the existence of the predicate felony conviction (see, CPL 400.21 [7] [a]), thereby shifting the burden of proof to defendant to show that the prior conviction was unconstitutionally obtained (see, CPL 400.21 [7] [b]; People v Harris, 61 N.Y.2d 9

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