Order reversed upon the law and matter remitted to Onondaga County Court for further proceedings not inconsistent with the memorandum.
Memorandum:
Defendant attacks his sentence as a second felony offender on the ground that such sentence was based in part on a Florida conviction for an offense which would not have constituted a felony if committed in New York as required by section 1941 of the Penal Law. The Florida statute under which he was convicted provided...
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