New York Laws
Article 400 - Pre-Sentence Proceedings
400.19 - Procedure for Determining Whether Defendant Is a Second Child Sexual Assault Felony Offender.

(b) Regardless of whether the age of the victim is an element of the
alleged predicate felony offense, where the defendant controverts an
allegation that the victim of an alleged sexual assault upon a child was
less than fifteen years old, the people may prove that the child was
less than fifteen years old by any evidence admissible under the rules
applicable to a trial of the issue of guilt. For purposes of determining
whether a child was less than fifteen years old, the people shall not be
required to prove that the defendant knew the child was less than
fifteen years old at the time of the alleged sexual assault.
(c) 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 felony conviction for a sexual assault upon a child. 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.
(d) 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 felony
conviction for a sexual assault against a child as defined in
subdivision two of section 70.07 of the penal law and whether the
defendant was 18 years of age or older at the time of the commission of
the predicate felony.
7. Subsequent use of predicate felony conviction finding. Where a
finding has been entered pursuant to this section, such finding shall be
binding in any future proceeding in which the issue may arise.