¶ Judgment modified, on the law, by vacating the sentence imposed thereon. As so modified, judgment affirmed and case remitted to the County Court, Nassau County, for resentencing by a Judge other than the one who imposed the original sentence.
¶ Defendant was convicted of the crime of burglary in the first degree which requires proof of physical injury to the victim (Penal Law, § 140.30). Physical injury is defined as "impairment of physical condition...
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