Judgment modified, as a matter of discretion in the interest of justice, defendant's adjudication as a second felony offender and the sentence imposed thereon are vacated, and the case is remitted to the Supreme Court, Suffolk County, for a new determination as to defendant's status as a second felony offender, and for resentencing. As so modified, judgment affirmed. Although the People submitted three statements pursuant to CPL 400.21 alleging that defendant was a second...
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