Ordered that judgment is modified, on the law, by vacating the sentence imposed. As so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing as a second felony offender pursuant to Penal Law § 70.06.
Acting on information received from fellow officers that a male black, in his mid-twenties, weighing about 160 pounds, with black hair, had raped a woman at gunpoint in a silver
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