Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing as a second felony offender.
The defendant preserved his challenge to the legal sufficiency of the evidence of the "serious physical injury" and "caus[ation]" elements of gang assault in the first degree (Penal Law § 120.07), but failed to preserve his challenge...
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