New York Laws
Article 400 - Pre-Sentence Proceedings
400.15 - Procedure for Determining Whether Defendant Is a Second Violent Felony Offender.

(a) A hearing pursuant to this section must be before the court
without jury. The burden of proof is upon the people and a finding that
the defendant has been subjected to a predicate violent felony
conviction must be based upon proof beyond a reasonable doubt by
evidence admissible under the rules applicable to a trial of the issue
of guilt.
(b) A previous conviction in this or any other jurisdiction which was
obtained in violation of the rights of the defendant under the
applicable provisions of the constitution of the United States must not
be counted in determining whether the defendant has been subjected to a
predicate violent felony conviction. The defendant may, at any time
during the course of the hearing hereunder controvert an allegation with
respect to such conviction in the statement on the grounds that the
conviction was unconstitutionally obtained. Failure to challenge the

previous conviction in the manner provided herein constitutes a waiver
on the part of the defendant of any allegation of unconstitutionality
unless good cause be shown for such failure to make timely challenge.
(c) At the conclusion of the hearing the court must make a finding as
to whether or not the defendant has been subjected to a predicate
violent felony conviction.
8. Subsequent use of predicate violent felony conviction finding.
Where a finding has been entered pursuant to this section, such finding
shall be binding upon that defendant in any future proceeding in which
the issue may arise.