Opinion
July 10, 1989
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
The defendant, who contested the validity of only 1 of 2 prior convictions for violent felonies (see, CPL 400.16; Penal Law § 70.08 [a]), failed to sustain his burden of demonstrating that that predicate felony conviction was unconstitutionally obtained (see, People v Harris, 61 N.Y.2d 9, 15). The defendant was therefore properly adjudicated and sentenced as a persistent violent felony offender. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.