Sentence vacated, on the law, and matter remitted to the County Court, Rockland County, for resentencing in accordance herewith.
The sentencing of this defendant, who was convicted of a class B felony, to a term of five years' probation, violated section 70.00 (subd 3, par [b]) of the Penal Law. This is not one of those rare cases in which the particular facts justify a finding that the applicable sentencing provision would be unconstitutional if applied to the defendant...
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