§ 400.19 Procedure for determining whether defendant is a  second  child
           sexual assault felony offender.
  1.  Applicability. The provisions of this section govern the procedure
that must be followed in any case where it appears that a defendant  who
stands  convicted  of a felony offense for a sexual assault upon a child
as defined in section  70.07  of  the  penal  law  has  previously  been
convicted of a predicate felony for a sexual assault upon a child.
  2.  Statement  to  be  filed. When information available to the people
prior to the trial of a felony offense for a sexual assault upon a child
indicates that the defendant may have previously  been  subjected  to  a
predicate  felony  conviction for such a sexual assault, a statement may
be filed by the prosecutor at any time before  trial  commences  setting
forth the date and place of each alleged predicate felony conviction for
a sexual assault upon a child.
  3. Preliminary examination. The defendant must be given a copy of such
statement and the court must ask him whether he wishes to controvert any
allegation made therein. If the defendant wishes to controvert any alle-
gation  in  the  statement, he must specify the particular allegation or
allegations he wishes to controvert. Uncontroverted allegations  in  the
statement shall be deemed to have been admitted by the defendant.
  4.  Cases  where  further hearing is not required. Where the uncontro-
verted allegations in the statement are sufficient to support a  finding
that  the  defendant has been subjected to a predicate felony conviction
for a sexual assault upon a child the court must enter such finding  and
when  imposing  sentence  must sentence the defendant in accordance with
the provisions of section 70.07 of the penal law.
  5. Cases where  further  hearing  is  required.  Where  the  defendant
controverts  an  allegation  in the statement, the court must proceed to
hold a hearing.
  6. Manner of conducting hearing.   (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 felony conviction for a sexual assault upon a  child  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) 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 applica-
ble 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  state-
ment 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  allega-
tion  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 upon a child.
  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.