People v. Allah

Judgment, Supreme Court, Bronx County, entered May 11, 1977, convicting defendant of two counts of criminal possession of a weapon in the third degree and sentencing him as a second felony offender to two concurrent terms of 3Vi to 7 years is unanimously modified, on the law, and the matter is remanded for resentence following a new predicate felony hearing, and otherwise the judgment is affirmed. Defendant was sentenced as a second felony offender after a hearing occasioned by his denial that he was the person involved in a prior conviction. Under CPL 400.21 (subd 7) the burden of proof is…