Unanimously reversed, on the law, to the extent of vacating the sentence and remanding for resentence in compliance with CPL 400.21.
On the date set for sentencing, a predicate felony statement was filed with the court and a copy given to the defendant. The court then denied an adjournment sought by the defendant to enable him to controvert the statement on constitutional grounds. CPL 400.21 (subd 6) commands at least a two-day adjournment when requested after the...
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