Opinion
September 27, 1982
Appeal by defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered May 9, 1980, convicting him of robbery in the first degree, robbery in the second degree (three counts), and burglary in the first and second degrees, upon a jury verdict, and imposing sentence in absentia. Judgment modified, on the law, by vacating the sentences imposed. As so modified, judgment affirmed and matter remitted to Criminal Term for a hearing and resentencing in accordance herewith. As the District Attorney candidly concedes, a hearing was required when defense counsel at sentencing asserted that defendant's predicate felony conviction was obtained in derogation of his constitutional rights (see CPL 400.21, subds 5, 7, par [b]; People v Barrows, 65 A.D.2d 625; People v Fraser, 54 A.D.2d 965; cf. People v De Berry, 73 A.D.2d 652). We have considered the other contentions raised by defendant and find them to be without merit (see People v Guzman, 89 A.D.2d 14 and People v Wells, 89 A.D.2d 1020 with respect to defendant's claim as to the Grand Jury). O'Connor, J.P., Bracken, Niehoff and Boyers, JJ., concur.