The facts are fairly stated in the dissent. We part company on the issue of constitutionality of section 70.06 (subd 1, par [b], cl [i]) of the Penal Law insofar as that section (as it read at the time of judgment) permitted use, as a predicate conviction for second offender sentencing purposes, of earlier conviction of "felony, or in any other jurisdiction of an offense for which * * * imprisonment in excess of one year * * * was authorized". Our dissenting brother reasons...
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