Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed, and case remitted to Criminal Term for a hearing pursuant to CPL 400.20 and for resentencing.
We find defendant's contention that he was arrested on less than probable cause to be without merit. The conviction is therefore affirmed. However, defendant was improperly sentenced as a persistent felony offender. He contested the constitutionality of one of the two predicate convictions...
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