Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for resentencing.
Memorandum:
Defendant contends that County Court erred in sentencing him as a predicate felon without affording him an opportunity to controvert the allegations in the predicate felony statement. Before a defendant may be sentenced as a predicate felon, he must receive a copy of the statement and the court must ask him whether he...
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