We are not persuaded that defendant's acknowledgment at the time he entered his plea that he was to be sentenced as a predicate felony offender constituted a waiver of his right to controvert the predicate felony statement in accordance with the procedures set forth in CPL 400.21. It is appreciated that a Judge who enters a negotiated plea on the basis of the express understanding of the defendant that he is to be sentenced as a predicate felony offender should regard as...
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