The defendant, by his attorney, applies to the court for an order setting aside its sentence of June 21, 1974 on the grounds that it was illegally imposed. (CPL 440.20, subd 1.) The defendant was sentenced as a second felony offender in accordance with the provisions of section 70.06 of the Penal Law. He argues that the statute is unconstitutional or, at least, not applicable to him.
After a jury trial the defendant was convicted...
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