Order reversed, on the law, and proceeding remanded to the Criminal Term for a hearing and a new determination.
In our opinion, when defendant in 1966 waived the right to question the constitutionality of his prior Pennsylvania convictions he did not understand the nature of his waiver. A hearing pursuant to section 1943 of the former Penal Law should be held to allow him to bring in proof that the Pennsylvania convictions could not be used as a predicate for multiple...
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