Before defendant pleaded guilty, the prosecutor asserted that defendant was a second felony offender based on a New Jersey conviction. Defense counsel did not challenge that assertion, and following defendant's guilty plea he was sentenced, as a second felony offender, to a term of seven years with five years' postrelease supervision (PRS). Subsequently, by way of a CPL 440.20 motion to set aside sentence, defendant established that his New Jersey conviction did not qualify...
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