Sentence reversed, on the law, and case remitted to Criminal Term for resentencing. The record indicates (and the People concede) that at no time prior to the imposition of sentence was the defendant arraigned as a second felony offender. Nor was a predicate felony information filed against him by the prosecutor. In the absence of at least substantial compliance with CPL 400.21 sufficient to support a waiver of the defendant's rights thereunder or to create an estoppel (...
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