From Casetext: Smarter Legal Research

People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 908 (N.Y. App. Div. 1999)

Opinion

May 7, 1999

Appeal from Judgment of Ontario County Court, Harvey, J. — Attempted Criminal Possession Weapon, 3rd Degree.

Present — Pine, J. P., Hayes, Pigott, Jr., Hurlbutt and Callahan, JJ.


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 [a]), thereby shifting the burden of proof to defendant to show that the prior conviction was unconstitutionally obtained ( see, CPL 400.21 [b]; People v. Harris, 61 N.Y.2d 9, 15; People v. Harper, 210 A.D.2d 894; People v. Cook, 117 A.D.2d 993, lv denied 67 N.Y.2d 941). From our review of the hearing record, we conclude that defendant failed to establish that he was denied effective assistance of counsel on the prior conviction because of his attorney's failure to make motions ( see generally, People v. Baldi, 54 N.Y.2d 137, 147).


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 908 (N.Y. App. Div. 1999)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LEWIS, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 7, 1999

Citations

261 A.D.2d 908 (N.Y. App. Div. 1999)
690 N.Y.S.2d 809

Citing Cases

People v. Reid

At the outset, because the People proved the existence of the predicate conviction beyond a reasonable doubt,…

People v. Facen

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of…