Order unanimously reversed on the law, motion granted and defendant remanded to Supreme Court, Erie County, for resentencing.
Memorandum:
On this appeal from denial of his motion pursuant to CPL 440.20, defendant challenges his sentencing as a second felony offender on the basis of a prior New Jersey conviction of promoting prostitution. Defendant contends that the out-of-State conviction was not one for which a term of imprisonment in excess of one year was...
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