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

(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
such a predicate 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 felony
conviction, including a finding as to whether or not the predicate
felony conviction was of a violent felony as that term is defined in
subdivision one of section 70.02 of the penal law, or in any other
jurisdiction of an offense which includes all of the essential elements
of any such felony for which a sentence to a term of imprisonment in
excess of one year or death was authorized and is authorized in this
state regardless of whether such sentence was imposed.
8. Subsequent use of predicate 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.