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 in accordance herewith.
The offenses underlying both convictions which served as predicates for the defendant's sentence as a persistent violent felony offender (Penal Law § 70.08) were committed prior to the defendant being sentenced for either conviction. Since these two convictions may only...
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