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PEOPLE v. FOLEY

96 A.D.2d 866 (1983)

The People of the State of New York, Respondent, v. Robert Foley, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 8, 1983

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed, and the case is remitted to the Supreme Court, Kings County, for resentencing as a second felony offender.

Defendant asserts that he was improperly adjudicated a persistent felony offender because the two predicate convictions, rendered in 1965 and 1970, respectively, upon his pleas of guilty, were unconstitutionally obtained...

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