On this appeal defendant contends that he should have been sentenced as a second felony offender and not as a third felony offender, on the ground that one of his two prior convictions was in the Federal court for perjury committed in California in violation of Federal statutes, a crime which, if committed in New York, would not be a felony. The District Attorney concedes that defendant should have been sentenced as a second felony offender. Judgment, insofar as appealed...
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