Judgment modified, on the law, by vacating the sentences imposed. As so modified, judgment affirmed and matter remitted to Criminal Term for a hearing and resentencing in accordance herewith.
As the District Attorney candidly concedes, a hearing was required when defense counsel at sentencing asserted that defendant's predicate felony conviction was obtained in derogation of his constitutional rights (see CPL 400.21, subds 5, 7, par [b]; People v Barrows, ...
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