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People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 397 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the Supreme Court, Kings County (Broomer, J.).


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 [b]; see, People v. Harris, 61 N.Y.2d 9; People v. Anderson, 100 A.D.2d 937). Inasmuch as defendant failed to establish the need for a hearing, his 1974 conviction for armed robbery in the Superior Court of New Jersey, Monmouth County, was properly found to constitute a predicate violent felony conviction (Penal Law § 70.04 [b] [i]). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 397 (N.Y. App. Div. 1985)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME ADAMS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1985

Citations

111 A.D.2d 397 (N.Y. App. Div. 1985)

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