Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and matter remitted to Supreme Court, Onondaga County for resentencing.
Memorandum:
Defendant, who challenged the constitutionality of the court's consideration of a prior felony conviction predating Penal Law § 70.06, was sentenced as a predicate felon in accordance with a plea bargain. It is conceded that the District Attorney failed to comply...
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