People v. Cook

—Judgment unanimously affirmed. Memorandum: Defendant challenged the constitutionality of her prior felony conviction at her sentencing as a second felony offender on the ground that she was denied effective assistance of counsel. The People proved the existence of the prior felony conviction (CPL 400.21 [7] [a]), thereby shifting the burden of proof to defendant to show that the prior conviction was unconstitutionally obtained (CPL 400.21 [7] [b]; People v Harris, 61 NY2d 9). Defendant did not request an adjournment for purposes of preparation for a hearing (CPL 400.21 [5], [6]), but merely…