Judgment unanimously modified on the law and as modified affirmed and defendant remanded for resentencing, all in accordance with the following memorandum: After defendant entered a guilty plea to a superior court information charging him with grand larceny in the second degree, the court sentenced him to a term of probation, ordered restitution and imposed a fine. In a CPL 440.20 motion, defendant challenged the legality of the sentence only insofar as the court imposed...
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