Ordered that the judgment is affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
In sentencing the defendant as a second felony offender, the court did not err in finding, after a hearing pursuant to CPL 400.21 (7), that the defendant had been previously convicted of a felony, which had not been obtained in violation of his constitutional rights.
We reject, as did the hearing court, the...
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