Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Prior to sentencing, the People filed a predicate felony statement
When a defendant challenges his previous felony conviction on the ground that the conviction was unconstitutionally obtained, it is incumbent upon him to prove the facts underlying his claim (CPL 400.21 [7] [b]; People v Harris, 61 NY2d 9, 15). In our view, defendant did not sustain that burden.
The record reveals that defendant received "meaningful representation” within the constitutional mandate (see, People v Baldi, 54 NY2d 137, 147). In addition, defendant’s Alford plea of guilty represented "a voluntary and intelligent choice among the alternative courses of action open to defendant” (North Carolina v Alford, supra, at 31; cf., People v Harris, supra, at 19). Although defendant was concerned about his poor health and physical condition, he nevertheless indicated he was willing to give up his right to trial by jury in return for a nonjail sentence. Thus, the court properly concluded that defendant’s prior conviction could serve as a predicate felony for the purpose of sentencing defendant as a second felony offender. (Appeal from judgment of Monroe County Court, Wisner, J. — criminal possession of weapon, third degree.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.