Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
At the time of sentence it was determined that, on May 28, 1976, defendant had pleaded guilty to criminal possession of a weapon in the second degree. The prior conviction mandated that the defendant be sentenced as a second violent felony offender (Penal Law, §§ 70.02...
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