Legal Opinion

People v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1985PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered April 14,1983, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence as a second violent felony offender.

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 [7] [b]; see, People v Harris, 61 NY2d 9; People v Anderson, 100…

2Cases cited2 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. People v. BowdenAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. GreenAppellate Division of the Supreme Court of the State of New York · 1994

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