Defendant makes this motion challenging the use of an earlier felony conviction (Indictment No. 4327/76) for purposes of determining his status pursuant to CPL 400.21 and section 70.06 of the Penal Law. He maintains that because he was not informed at the time he entered his earlier guilty plea that should he be convicted of another felony within 10 years of the time of sentence, he would face enhanced punishment as a multiple felony...
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