Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith; no questions of fact have been raised or considered.
We find that under the circumstances of this case, the sentencing court erred when it summarily adjudicated the defendant to be a second felony offender. At the time the predicate felony statement was filed by the District Attorney, the court inquired...
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