What is the burden of proving that the petitioner was not represented or advised of his right to representation by counsel?
The following excerpt is from People v. Willis, 233 N.Y.S.2d 184, 36 Misc.2d 589 (N.Y. Cty. Ct. 1962):
[36 Misc.2d 593] The People rely upon the presumption of credibility of court proceedings and the credibility of the testimony of the witnesses, other than the petitioner. The courts have held that the burden is upon the defendant to show that he was not represented or advised of his right to representation by counsel and it is not upon the People to show that he was so represented or advised. See People v. Oddo (1954), 283 App.Div. 497, 499, 128 N.Y.S.2d 394, 395. Also see People v. Boehm (1955), 285 App.Div. 245, 137 N.Y.S.2d 400, aff'd 309 N.Y. 362, 130 N.E.2d 897.
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