The attorney for defendant and the District Attorney both agree, as we do, that defendant should not have been sentenced under the predicate felon statute (Penal Law, § 70.06) for the reason that the crimes which he committed occurred on August 4-5, 1973, and the effective date of the predicate felon statute (Penal Law, § 70.06) was September 1, 1973. Both sides agree that the proper remedy is to vacate the sentence and remand for...
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