The allegations in defendant's predicate felony statement are not deemed admitted under CPL 400.21 (3) so as to result in a waiver of his claim that his out-of-state conviction was not the equivalent of a New York felony. The court did not adequately adhere to the statutory requirement that it ask defendant if he wished to "controvert any allegation made" in the predicate felony statement, which also requires that it provide defendant a clear opportunity to do so in response...
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