Sentence reversed, on the law, and case remanded to Criminal Term for resentence in accordance herewith.
In view of the fact that defendant was convicted of arson in the second degree, a class B felony (Penal Law, § 150.15), the intermittent sentence imposed was invalid as a matter of law. Such a sentence may only be imposed upon a conviction of a class D or E felony, or for an offense not a felony, provided the defendant is not a second or persistent felony...
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