¶ As the People concede, defendant could not legally be sentenced as a violent felony offender on his conviction of burglary in the third degree since it is not classified as a violent felony offense. (Penal Law, § 70.02, subd 1, par [c].) Accordingly, in accordance with defendant's request and the People's consent, we reduce the sentence on that conviction to an indeterminate term of from 3½ to 7 years, the maximum allowable sentence on a class D felony conviction...
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