Relator was in 1951, in the County Court of Nassau County, convicted of burglary and sentenced as a second felony offender. The indictment included an allegation of the prior conviction. At the hearing on the return of the writ, relator testified that upon the trial the District Attorney, in opening to the jury, read the indictment and, further, that he, relator, testified at the trial and admitted the prior conviction. In 1952, the first felony conviction was vacated, the...
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