Judgment unanimously modified, on the law, by vacating defendant's adjudication as a second felony offender, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing.
Memorandum:
Previously, defendant had been convicted in Federal court in Pennsylvania of the crimes of illegal possession of an article stolen from the mail (18 USC § 1708) and illegal possession of food stamps (7 USC § 2023 [b]). Here,...
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