The order should be affirmed on the merits. Section 1943 of the Penal Law, as amended in 1964 (L. 1964, ch. 446), now requires our courts to give relief when it appears that a defendant's previous out-of-State conviction "was obtained in violation of [his] rights * * * under the applicable provisions of the constitution of the United States" and has been utilized as a predicate for multiple offender treatment...
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