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PEOPLE v. JOHNSON

34 A.D.2d 777 (1970)

The People of the State of New York, Respondent, v. Raymond Johnson. Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 1970

The order is unanimously reversed, on the law, and the matter remanded to Supreme Court for further proceedings, since the defendant was not advised as to his right to challenge the constitutionality of the prior convictions. Appellant was sentenced as a third felony offender one month before April 10, 1964, the effective date of section 1943 of the former Penal Law which was amended to guarantee a defendant the right to challenge...

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