Although not argued on appeal, we note that defendant was improperly adjudicated a second violent felony offender and that the sentence imposed is excessive as a matter of law. As a matter of discretion and in the interest of justice, we vacate his sentence and sentence him as a second felony offender to a term of imprisonment of 2 to 4 years.
Defendant was convicted of criminal possession of a weapon in the third degree under Penal Law § 265.02 (1) for his ...
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