Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
At the plea proceeding, which resulted in the defendant's present conviction of criminal sale of a controlled substance in the third degree, the defendant was adjudicated a second felony offender on the basis of a 1994 conviction of robbery in the second degree. The defendant did not challenge the constitutionality of the...
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