Judgment modified, on the law, by vacating the sentence and the second felony offender adjudication.
As so modified, judgment affirmed, and the matter is remitted to the Supreme Court, Kings County, for a hearing pursuant to CPL 400.21 (subd 5) and for the reimposition of sentence thereafter. The People concede that a hearing pursuant to CPL 400.21 (subd 5) should have been held to determine the merit of the defendant's contention that the predicate felony conviction...
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