People v. Vega

Defendant pleaded guilty to robbery in the third degree in full satisfaction of the indictment. On appeal, he challenges his classification as a second felony offender, claiming that the prior conviction was unconstitutionally obtained because he was denied effective assistance of counsel. Specifically, defendant points out that his counsel on the 1977 conviction failed to request that he be granted youthful offender treatment, despite his eligibility.

The law is well settled that it is the defendant’s burden to prove the unconstitutionality of a prior conviction by "substantial evidence” once…