Judgment reversed on the law, and action remitted to the Criminal Term, Supreme Court, Kings County for resentencing of the defendant as a second felony offender. The facts are affirmed.
The court below, at the time of defendant's sentencing, dismissed a second felony offender information in which it was alleged that defendant had been convicted of a prior felony in the United States District Court, Eastern District of New York. Such prior conviction was based on...
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