Judgment reversed, on the law, and action remitted for resentence in accordance with the views set forth herein.
The findings of fact below have not been considered. Defendant was convicted of a misdemeanor punishable under section 1937 of the Penal Law by imprisonment for not more than one year. He was sentenced instead pursuant to article 7-A of the Correction Law, under which he may be incarcerated for as long as three years. At the sentencing, the court and defendant...
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