Judgment modified, on the law, by vacating the second felony offender adjudication and the sentence imposed. As so modified, judgment affirmed, and matter remitted to the County Court, Suffolk County, for resentencing. Defendant was sentenced as a second felony offender pursuant to CPL 400.21. However, the predicate felony was the result of a youthful offender adjudication which is not a judgment of conviction (CPL 720.35, subd 1). The sentence is, therefore, contrary to...
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