Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence to a term of probation of three years. As so modified, judgment affirmed and case remitted to the Supreme Court, Nassau County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5).
Under the particular circumstances of this case, a sentence of probation is warranted. We observe that it would be in defendant's best interests...
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