Opinion
May 28, 1985
Appeal from the Supreme Court, Kings County (Broomer, J.).
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 [b]; see, People v. Harris, 61 N.Y.2d 9; People v. Anderson, 100 A.D.2d 937). Inasmuch as defendant failed to establish the need for a hearing, his 1974 conviction for armed robbery in the Superior Court of New Jersey, Monmouth County, was properly found to constitute a predicate violent felony conviction (Penal Law § 70.04 [b] [i]). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.