On this appeal, defendant contends only that she was improperly adjudged a second felony offender, and it is conceded by both parties that, in accordance with the provisions of section 70.06 of the Penal Law, the trial court based its determination as to defendant's status upon the suspended sentence which she had received for a prior conviction in North Carolina. Since we have only recently declared section 70.06 of the Penal Law unconstitutional insofar as it makes the...
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