¶ Judgment modified, on the law, by vacating the sentence and the second felony offender adjudication, and matter remitted to the Supreme Court, Queens County, for a hearing pursuant to CPL 400.21 (subd 5) and for the reimposition of sentence thereafter.
¶ A hearing should have been held pursuant to CPL 400.21 (subd 5) to determine the merit of the defendant's contention that the predicate felony conviction was obtained in violation of his constitutional...
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