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PEOPLE v. SPENCER

40 A.D.2d 838 (1972)

The People of the State of New York, Respondent, v. Michael Spencer, Appellant

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

November 6, 1972

Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing in accordance with the views hereinafter set forth.

In our opinion, defendant is entitled to a hearing on the issue of whether, on sentence, he was advised of his right to challenge predicate convictions. Pursuant to the 1964 amendment to section 1943 of the former Penal Law (L. 1964, ch. 446), the sentencing court was required to inform...

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