The following excerpt is from Drayton v. People of State of N. Y., 556 F.2d 644 (2nd Cir. 1977):
People v. Drayton, supra, 39 N.Y.2d at 585, 385 N.Y.S.2d at 4, 350 N.E.2d at 379-380. If, following a valid misdemeanor conviction, it is constitutional to base a sentence in part on facts relating to an unproved
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