People v. Lewis

—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 NY2d 9, 15; People v Harper, 210 AD2d 894; People v Cook, 117 AD2d 993, lv denied 67 NY2d 941). From our review of the hearing record, we conclude that defendant failed to establish that he…