Judgment unanimously modified, on the law, and as modified affirmed and defendant remanded to Niagara County Court for further proceedings, all in accordance with the following memorandum:
At defendant's sentencing, the prosecutor filed a second felony offender statement alleging that defendant was previously convicted, when he was 16 years of age, of two counts of attempted third degree burglary. Defendant controverted the validity of that conviction by alleging...
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