Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing.
The underlying predicates for defendant's sentence as a persistent violent felony offender (Penal Law § 70.08) were his conviction in 1976 of two felonies, the underlying offenses to both convictions having been committed before sentence under either one. Because these two convictions may...
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