Judgment, as amended, modified, by vacating the sentence imposed thereon. As so modified, judgment, as amended, affirmed, and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
The issue of the voluntariness of the defendant's plea is not preserved for appellate review as a matter of law because he failed to move to set aside his plea prior to sentencing (see, People v Pellegrino,
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