The defendant was convicted by a jury of the crime of burglary second degree and sentenced on November 21, 1952 to a term of 15 years to life as a fourth and subsequent felony offender. Prior to such sentence he was charged with 12 prior convictions, all outside this State, pursuant to section 1943 of the Penal Law. A jury trial was had on the issue of identity. During such trial the court removed from consideration of the jury a conviction...
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