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PEOPLE v. GOLDSMITH

269 A.D.2d 465 (2000)

702 N.Y.S.2d 911

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WELLINGTON GOLDSMITH, Appellant.

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

Decided February 14, 2000.

Ordered that the judgment is affirmed.

The County Court did not err in sentencing the defendant as a second felony offender. The People satisfied their burden at the predicate felony hearing by establishing beyond a reasonable doubt the existence of the defendant's December 5, 1989, prior felony conviction. The burden then shifted to the defendant to prove that the prior conviction was unconstitutionally obtained (see, CPL 400.21 [7]; People v Harris,

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